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4th Cir. Holds Non-Mortgage Office Was Not ‘Branch Office’ Under HUD F2F Rule

The U.S. Court of Appeals for the Fourth Circuit recently held that a mortgagee’s office that was located within 200 miles of the mortgaged property, but did not conduct any mortgage-related business, was not a “branch office” of a “mortgagee” under the HUD rule requiring a face-to-face meeting with mortgage borrowers before filing a mortgage foreclosure action unless the mortgagee does not have a branch office within 200 miles of the borrower's home.

7th Cir. Holds Putative Class Plaintiff Had Standing On ‘Private’ Rights Claim, But Not ‘Public’ Rights Claim

The U.S. Court of Appeals for the Seventh Circuit recently reversed a trial court’s order remanding a plaintiff’s claims under the Illinois Biometric Information Privacy Act (BIPA) back to state court for lack of subject-matter jurisdiction because she lacked standing under Article III.

8th Cir. BAP Reverses Disallowance of Postpetition Interest at Default Contract Rate

The U.S. Bankruptcy Appellate Panel for the Eighth Circuit recently reversed a bankruptcy court’s disallowance of postpetition interest at the default contract rate, holding that “the bankruptcy court erred in applying a liquidated damages analysis and ruling the default interest rate was an unenforceable penalty,” and also erred in weighing “equitable considerations” to avoid enforcing the contractual default interest rate.

CFPB Extends Comment Period for Supplemental Notice of Proposed Rulemaking on Time-Barred Debt

The federal Consumer Financial Protection Bureau has extended the deadline for public comments on its Supplemental Notice of Proposed Rulemaking on time-barred debt disclosures to Aug. 4. The Bureau stated its reason for the extension as “the impact of the COVID-19 pandemic.”

Illinois App. Court (1st Dist.) Holds TILA ‘Failure to Rescind After Notice’ Claims Subject to 1-Yr Statute of Limitations

The Appellate Court of Illinois, First District, recently affirmed a trial court order dismissing a foreclosure counterclaim by two borrowers seeking rescission under the federal Truth in Lending Act (TILA), 15 U.S.C. § 1601 et seq., holding that section 1640(e)’s one-year statute of limitation for legal damages applied to bar the borrower’s section 1635 equitable claim, when the borrowers demanded rescission within three years of closing but did not file suit within one year after the lender failed to respond.

11th Cir. Holds TCPA Consent Cannot Be Unilaterally Revoked, But Allows Unrelated FCCPA Claim to Proceed

The U.S. Court of Appeals for the Eleventh Circuit recently reversed entry of summary judgment in favor of a satellite television provider against a consumer on claims that it violated the Florida Consumer Collection Practices Act by attempting to collect a debt it knew had been discharged in bankruptcy and directly contacting the plaintiff consumer knowing she was represented by counsel.