The Appellate Court of Illinois, Third District, recently reversed a trial court’s order dismissing a debtor’s federal Fair Credit Reporting Act counterclaim against a bank.
Posts published in “Banking”
A New York federal judge on April 28 temporarily enjoined three New York sheriffs from refusing to enforce judgment executions which seek to collect judgment interest “calculated with the interest rate in effect at the time the judgment was obtained.”
The Supreme Court of Texas recently held that a bank’s wire transfer form did not create a contractual duty as claimed by a bank customer.
The Supreme Court of Florida recently rejected a consumer’s challenge to a convenience fee charged when he made a payment using his credit card.
The U.S. Court of Appeals for the Third Circuit recently reversed a trial court's ruling that the Pennsylvania Department of Banking and Securities violated the Commerce Clause by issuing and attempting to enforce a subpoena to an out-of-state vehicle title lender regarding the out-of-state lender's interactions with Pennsylvania residents.
In response to certified questions from the U.S. Court of Appeals for the Ninth Circuit, the Nevada Supreme Court recently held that: (1) an action seeking to determine the validity of a homeowners association lien under NRS 40.010 is subject to NRS 11.220’s four-year statute of limitations;
The U.S. Court of Appeals for the Ninth Circuit recently reversed the dismissal of a consumer’s claims that a bank violated the federal Electronic Fund Transfer Act by failing to fully reimburse her for losses suffered as result of fraudulent transfers from her account.
The California Court of Appeals, First Appellate District, recently reversed a lower court’s orders denying a bank account holder’s petition to confirm an arbitration award and an order granting a bank’s petition to vacate the award, and remanded with instructions to enter an order confirming the award.
Welcome to our annual year-end review of consumer credit law. Beginning today and over the next several days, we feature a series of articles exploring the events that shaped the consumer financial services industry in 2021.
The Appellate Court of Illinois, Fifth District, recently affirmed a trial court’s judgment against a borrower on a credit card debt because it ruled that there were no errors in the admission of evidence, there was no evidence of judicial bias, and the judgment was not against the manifest weight of the evidence.
The Illinois Court of Appeals, First District, recently affirmed a trial court's ruling dismissing claims for fraud, breach of fiduciary duty, conversion, and tortious interference as untimely and further affirmed the dismissal of claims for respondeat superior liability, prejudgment interest and attorney’s fees on the basis that the substantive claims were untimely.
The California Court of Appeal, Second District, recently granted a lender’s petition for a writ of mandate compelling the trial court to vacate its order granting the borrower’s petition to compel arbitration.