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11th Cir. Rejects Borrower Challenges Alleging Lender-Placed Insurance Overcharges, Kickbacks

The U.S. Court of Appeals for the Eleventh Circuit recently affirmed the dismissal of consolidated putative class action cases against mortgage loan servicers and an insurance company, holding that the filed-rate doctrine barred the plaintiffs’ claims. A copy of the opinion in Pankaj Patel, et…

3rd Cir. Holds Statement That Debt Forgiveness ‘Might’ Be Reported to IRS Might Violate FDCPA

The U.S. Court of Appeals for the Third Circuit held that a statement in a letter to the effect that forgiveness of the debt “might” be reported to the Internal Revenue Service may constitute a violation of the federal Fair Debt Collection Practices Act (FDCPA).…

8th Cir. Holds CAFA Amount in Controversy Includes Future Attorney’s Fees Incurred After Removal

The U.S. Court of Appeals for the Eighth Circuit held that a plaintiff could not defeat federal jurisdiction under the Class Action Fairness Act based on a pre-class certification damages stipulation limiting attorney’s fees to ensure that the amount in controversy remained under CAFA’s $5…

9th Cir. Adopts Broad Definition of ATDS Under TCPA, Reverses Trial Court’s Ruling

The U.S. Court of Appeals for the Ninth Circuit recently held that the term automatic telephone dialing system (“ATDS”), as defined by the federal Telephone Consumer Protection Act, includes devices that store telephone numbers to be called, “whether or not those numbers have been generated…

11th Cir. Holds HUD Regs Did Not Prevent Reverse Mortgage Foreclosure on Non-Borrower Surviving Spouse

The U.S. Court of Appeals for the Eleventh Circuit held that 12 U.S.C. § 1715z-20(j) did not alter or limit the lender’s right to foreclose under the terms of the valid reverse mortgage contract where the non-borrower spouse was still living in the home. Accordingly,…

9th Cir. Holds CAFA Amount in Controversy Includes Future Attorney’s Fees Incurred After Removal

The U.S. Court of Appeals for the Ninth Circuit recently reversed a trial court’s order remanding a putative class action lawsuit to state court on the ground that the defendant removing party failed to prove that the amount in controversy exceeded $5 million, as required…

8th Cir. Rules Terminating Bank Employees for Criminal Convictions Involving Dishonesty Not Unlawful Discrimination

The U.S. Court of Appeals for the Eighth Circuit recently affirmed summary judgment in favor of a bank that was sued by a putative class alleging discriminatory employment practices that supposedly violated Title VII of the Civil Rights Act of 1964 and the Iowa Civil…