The Supreme Court of California recently upheld the dismissal of negligence claims brought by a borrower in relation to a mortgage servicer’s handling of the borrower’s loan modification application.
The U.S. Court of Appeals for the Eighth Circuit recently held that various federal Fair Credit Reporting Act claims should be dismissed for lack of Article III standing.
Medical debt continues to capture the attention of state and federal government, with lawmakers and regulators continuing to target how medical debt is collected and how it is reflected on a consumer credit report.
The U.S. Court of Appeals for the Eleventh Circuit recently vacated a trial court’s ruling granting summary judgment in favor of a mortgage servicer and against the federal Consumer Financial Protection Bureau (“CFPB”) based on res judicata.
The Massachusetts Supreme Judicial Court, the state’s highest court, recently held that (1) the attorney for a named putative class plaintiff who is deceased does not have authority to act on behalf of the deceased plaintiff absent a motion by the deceased’s legal representative; and (2) in limited circumstances, trial courts may sua sponte order notice to putative class members prior to certification only when absent notice the putative class members would face significant prejudice.
The Appellate Court of Illinois, First District, recently held that the borrowers' appeal in a mortgage foreclosure action was moot for failure to timely perfect a stay of enforcement of the final judgment.
There remain over 30 comprehensive consumer data privacy bills pending in the states, but some are falling off the chart as the legislative sessions come to an end. While the number of active bills is decreasing, there is one new state data privacy law, and others that continue to show movement.
Following the Supreme Court of the United States ruling in Facebook, Inc. v. Duguid, the U.S. Court of Appeals for the Eighth Circuit recently affirmed the rulings of multiple trial courts to grant summary judgment in favor of the defendants, holding that an automated marketing system that sends promotional text messages to phone numbers randomly selected from a database of customers' information is not an automated telephone dialing system (ATDS) under the federal Telephone Consumer Protection Act.
The U.S. Court of Appeals for the Eleventh Circuit recently reversed a trial court’s ruling remanding the case to state court based on the federal Class Action Fairness Act’s “local controversy” exception, finding the trial court erroneously applied the exception.
On March 24, Utah Gov. Spence Cox signed into law SB 227, the Utah Consumer Privacy Act. This makes Utah the fourth state, behind California, Virginia, and Colorado, to enact comprehensive consumer data privacy legislation.
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 U.S. Court of Appeals for the Seventh Circuit recently affirmed the denial of a motion to remand to state court a putative class action removed to federal court under the federal Class Action Fairness Act.