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August 2009 Update
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Consumer Finance Update Archive
Dismissal Of TILA Claims Affirmed For Unsolicited Visa Cards
Ninth Circuit Applies Discovery Rule To FDCPA Limitations Period
Offer to Enroll In "Fresh Start" Program Renders Debt Collection Letter Improper
Witness Immunity Doctrine Does Not Shield Debt Collector From FDCPA Liability
Non-Judicial Foreclosure Proceeding Not A Debt Collection Action
Credit Reporting Agencies' FICO Alternative Cleared Of Antitrust Wrongdoing
Preemption Of State Law Enforcement Against National Banks Is Limited
Supreme Court to Hear Case Considering the FDCPA's Bona Fide Error Defense
Theft of Personal Information Not Actionable Unless Information Misused
Eleventh Circuit Rules CROA Claims Are Arbitrable
No Litigation Privilege For Filing Misleading Papers In Collection Action
Lack Of Due Diligence Precludes Equitable Tolling Under RESPA
11th Circuit Rejects Constitutional Challenge To FCRA Damages Provision
Courts Disagree On Whether CROA Limited To Credit Repair Services
No FDCPA Violation By Referring To Credit Card Debt As "Money Loaned"
Lender's Notice Of Right To Cancel Was "Paradigm for Confusion"
Bank May Apply Penalty Interest To Entire Billing Cycle When Default Occurs.
No Willful FACTA Violation When Issuing Receipt With Card Expiration Date
Plaintiff Seeking TILA Rescission Need Not Prove Ability to Tender In Complaint
California Federal Court Limits "Produce the Note" Defense
Collector Statement Not False If Unsophisticated Consumer Would Not Be Confused
Supreme Court Considers State Regulation Of Mortgage Lending By National Banks
Information Furnisher To Conduct "Reasonable" Investigation Of Disputed Account
No TILA Violation By Increasing Interest Rate For Pre-Acceptance Conduct
FCRA Preempts California Law Governing Duties of Information Furnishers
Flat Finance Charge Of Refund Anticipation Loan Not "Interest" Under TILA
State May Regulate Lending To State Residents Conducted Via Internet
TILA Defendants Need Not Specifically Argue Tolerance Ranges
Minority Borrower Can State Disparate Impact Claim Under ECOA & FHA
3rd Party TILA Disclosure Claims Limited To Breach Of Contract
Injunctive Relief Class Must Seek A Remedy Applicable To All Class Members
Second Circuit Addresses Scope Of Factual Review On Class Certification
Whether Interest May Be Retroactively Assessed To Start Of Billing Cycle
Collector Did Not Violate FDCPA By Attaching Credit Agreement Mentioning Fees
Whether Acquirer Bank Can Be Held Responsible For Merchant Data Breach
Uncertainty Over Whether Saturday Is a "Business Day" Defeats TILA Notice
Class Of Borrowers Allegedly Overcharged For Title Insurance Premiums Certified
Common Law Priciples And FRCA's Definition Of A Firm Offer of Credit
RESPA Claims And Real Estate Sellers
Corporate Officers May Be Liable Under FDCPA Without Piercing Corporate Veil
Whether Each Successive Dispute Letter Restarts the FCRA Statute of Limitations
Fees Paid to National Mortgage Registration Service Are Not Illegal
11th Circuit Rules RESPA Does Not Prohibit Excessive Fees
Court Rules National Bank Act Preempts State RAL Statute
City Sues Home Lenders On Novel Nuisance Theory
Court Upholds Antitrust Suit Against Major Credit Bureaus
Failure To Disclose Full Details Of Mortgage Schedule Entitles Borrower To Rescind
Credit Card Bills Upheld Despite Using Program Marketed To Help Dispute Bills
Whether Courts Properly May Certify Class Claims in FCRA Cases Alleging that Mailers do not Qualify as Firm Offers of Credit.
Federal Court Approves Substantial FCRA Class Action Settlement and Significant Attorneys Fee Award.
Whether a Class of Borrowers Properly May be Certified in a UDAP Mortgage Lending Kickback Action.
Whether an Arbitration Provision in a Gift Card Agreement is Unconscionable Because it Requires the Consumer To Pay All Arbitration Fees and Precludes Class Treatment of Claims That Often Involve a Few Dollars Per Claimant.
Whether Section 1692d, 1692e and 1692f of the FDCPA Applies to Caller Identification Devices.
Federal District Court Preliminarily Approves $336 Million Settlement in Suits Alleging Price Fixing Conspiracy for Foreign Currency Conversion Fees.
Whether Eleventh Amendment Immunity Applies to an Independent Contractor Operating a Bad Check Program for a State's Attorney's Office.
Guidance Software, Inc. Agrees to Settle FTC Charges that it Failed to Take Reasonable Security Measures to Protect Sensitive Customer Data.
Whether the Equal Credit Opportunity Act May be Asserted as an Affirmative Defense to a Debt Collection Action.
Whether a Plaintiff has a Private Right of Action under the FCRA and Whether State Law Claims are Preempted by the FCRA.
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