Category: Commercial Litigation

Supreme Court Considers Whether FDCPA Applies to Nonjudicial Foreclosure

The U.S. Supreme Court is currently considering an important question affecting the mortgage industry: whether entities conducting nonjudicial foreclosure proceedings are subject to the requirements of the Fair Debt Collection Practices Act (the “FDCPA”), 15 U.S.C. §§ 1692 et seq. [1] Whether entities conducting nonjudicial foreclosure proceedings are subject to the requirements of the FDCPA has divided [..]

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Supreme Court Holds Class Action Waivers in Arbitration Agreements Are Enforceable

In Epic Systems Corp. v. Lewis the United States Supreme Court reviewed three circuit court cases involving employer-employee arbitration agreements.[1] In each case, the main issue was whether employees and employers should be allowed to agree that any dispute between them will be resolved through arbitration, or whether employees should be permitted to bring class actions no [..]

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The CFPB’s Evolving “Meaningful Attorney Involvement” Standard

By Steven J. Kubik The CFPB recently entered a consent order (the “Order”) targeting consumer debt collection law firms and challenging an alleged lack of “meaningful attorney involvement” necessary in consumer debt collection actions. Takeaway While the Order sheds light on the CFPB’s expectations concerning what constitutes “meaningful involvement,” the standard remains an evolving one. [..]

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D.C. Circuit Limits the CFPB’s Power—Part II

This is Part II of a two-part blog series examining the D.C. Circuit Court’s opinion in PHH Corp. v. Consumer Financial Protection Bureau,[1] issued on October 11, 2016. Part I provided background information and examined one holding from the Court’s decision—that the single-director structure of the CFPB[2] was unconstitutional. The Court addressed this constitutional issue [..]

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D.C. Circuit Limits the CFPB’s Power—Part I

This is Part I of a two-part series of blog posts that will examine the D.C. Circuit’s recent opinion in PHH Corp. v. Consumer Financial Protection Bureau[1]. In PHH, the Court vacated the CFPB’s $109 million order against PHH for alleged violations of Section 8 of the Real Estate Settlement Procedures Act (“RESPA”) involving captive [..]

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