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Posts published in May 2016

11th Cir. Holds Failure to Disclose Disputes Must Be ‘In Writing’ Violates FDCPA

The U.S. Court of Appeals for the Eleventh Circuit recently held that a collection letter sent to the consumer’s attorney is a “communication with a consumer” within the meaning of §1692g of the federal Fair Debt Collection Practices Act (FDCPA). Additionally, the Court held omitting…

FCC Issues NPRM as to Calls ‘Made Solely to Collect a Debt Owed to or Guaranteed by the United States’

The Federal Communications Commission (FCC) recently issued a Notice of Proposed Rulemaking (NPRM) regarding recent amendments to the federal Telephone Consumer Protection Act (TCPA), seeking comment on among other things: (1) which calls are covered by the phrase “solely to collect” under the amendments; (2)…

Nevada Supreme Court Holds HOA Superpriority Lien Does Not Include Atty Fees, Collection Costs

The Supreme Court of Nevada recently held that a superpriority lien for common expense assessments pursuant to Nevada Revised Statutes (NRS) 116.3116(2) does not include collection fees and foreclosure costs incurred by a homeowners’ association. In so ruling, the Court also held that an HOA’s…

Illinois App. Court Holds Pleading Plaintiff is ‘Mortgagee’ Sufficient Under Illinois Mortgage Foreclosure Law

The Appellate Court of Illinois, First District, recently held that an allegation that the plaintiff is a “mortgagee” under the Illinois Mortgage Foreclosure Law (IMFL) is sufficient to plead its capacity to sue. A copy of the opinion in Wells Fargo Bank, N.A. v. Mundie is…

Maurice Wutscher Opens Atlanta Office, Adds Attorney D. Sharmin Arefin

National financial services law firm Maurice Wutscher LLP has opened a new office in Atlanta, hiring financial services attorney D. Sharmin Arefin to lead the firm’s Georgia litigation and regulatory compliance matters. Arefin will practice in the firm’s Consumer Credit Litigation, Regulatory Compliance, Employment Litigation,…

7th Cir. Holds Data Breach Plaintiffs Alleged Enough for Article III Standing, but Ruling May Not Hold Up Under Spokeo

Reversing the trial court’s ruling dismissing the action for lack of standing, the U.S. Court of Appeals for the Seventh Circuit recently held that the increased risk of fraudulent credit or debit card charges and possible identity theft due to a data breach that already…

3rd Cir. Rejects Attempt to Distinguish Campbell-Ewald, Holds Rule 68 Offer of Judgment Did Not Moot Claims

The U.S. Court of Appeals for the Third Circuit recently upheld a trial court’s ruling that an unaccepted offer of judgment under Fed. R. Civ. Pro. Rule 68, made before a plaintiff files a motion for class certification, does not make the case moot. The…

Illinois App. Court Rejects Borrower’s Constitutional Challenge to Illinois Statutory Form Foreclosure Complaint

The Appellate Court of Illinois, First District, recently held that the form foreclosure complaint provided by the Illinois Mortgage Foreclosure Law (IMFL) complies with procedural due process guarantees of the Fifth and Fourteenth Amendments of the United States Constitution, and does not violate the Illinois…

6th Cir. Rejects Borrowers’ Attempt to Invalidate Deed of Trust Based on Faulty Acknowledgement

The U.S. Court of Appeals for the Sixth Circuit recently held that two borrowers lacked standing to challenge the validity of a deed of trust in a lien priority dispute interpleader action filed by the foreclosure trustee, as the borrowers did not dispute that they…