The Appellate Court of Illinois, First District, recently affirmed the dismissal of a putative class action for lack of standing because the named plaintiffs suffered no injury in fact to a legally cognizable interest.
The U.S. Court of Appeals for the Eighth Circuit recently affirmed the dismissal of several conversion claims brought by the estate of a deceased account holder against a bank, holding that one of the conversion claims was time-barred, and that the estate did not have standing to pursue the remaining conversion claims as the alleged injury was not fairly traceable to the bank.
The Indiana Supreme Court recently reversed the judgment of a trial court granting a credit union’s motion to compel individual arbitration and finding an enforceable agreement to arbitrate between the parties.
In an action brought by two warehouse lenders, the U.S. Court of Appeals for the Tenth Circuit recently held that multiple negligent audits of the mortgage lender borrower were “interrelated” under an auditor’s insurance policy and that the claim of one warehouse lender was “interrelated” with the claim of the other warehouse lender when they arose from the same audit.
7th Cir. Rules Dispute Sent Through Wrong Channel Gave Rise to Valid FDCPA ‘Bona Fide’ Error Defense
The U.S. Court of Appeals for the Seventh Circuit recently affirmed a trial court’s summary judgment ruling in favor of a debt collector asserting a bona fide error defense to an action under the federal Fair Debt Collection Practices Act.
The U.S. Court of Appeals for the Eighth Circuit recently affirmed the ruling of a trial court that followed the lodestar method and reduced an attorney fee award by 50 percent.
The Appellate Court of Illinois, Fifth District, recently held that, because the defendant borrowers failed to file their petition for relief from a foreclosure judgment in the same proceeding in which the allegedly void order was entered, as required under Illinois procedural rules, the petition should have been dismissed without prejudice.
The U.S. Court of Appeals for the Seventh Circuit recently held that a putative class action removed to federal court under the Class Action Fairness Act lacked federal jurisdiction because it fell within CAFA’s "internal-affairs" and "home-state controversy" exceptions.
The Appellate Court of Illinois, First District, recently held that a trial court should not have rejected a borrower's attempt to vacate two different foreclosure judgments against him on the grounds of defects in service of process in those actions.
The Appellate Court of Illinois, Second District, recently affirmed the dismissal of a claim for supposed violations of the federal Fair Debt Collections Practices Act where the consumer plaintiff failed to allege facts that the money sought to be collected was a “debt” as defined by section 1692a(5) of the FDCPA, and the demand letter from the defendant law firm indicated that the debt was commercial in nature.
A recent decision from the New Jersey Appellate Division comes as welcome relief for purchasers of defaulted debt. The decision, Woo-Padva v. Midland Funding LLC, concerns the New Jersey Consumer Finance Licensing Act (CFLA), and whether a debt buyer who failed to have such a license could be liable under the state’s consumer protection law.
Continuing on its mission to curb abusive collection efforts related to medical debt which began to take life in 2022, the CFPB on Sept. 21 announced its initiation of a rulemaking process to remove medical bills from credit reports entirely.