Francis X. Riley, III

Francis X. Riley, III

Saul Ewing LLP

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In New Jersey, arbitration clauses in consumer contracts are unenforceable when the parties to the contracts do not explicitly...

The Supreme Court for the State of New Jersey held that the failure to include specific trial by jury waiver language in arbitration clauses renders them unenforceable in consumer contracts, notwithstanding the fact that said...more

10/10/2014 - Arbitration Agreements Jury Waivers Mandatory Arbitration Clauses Service Contracts

FTC Found to Have Authority Over Standard for Consumer Data Security by NJ District Court

In a first of its kind opinion, a New Jersey district court holds that the FTC has the authority to set a standard for consumer data security and that it can sue for breach of that standard under its authority to bring...more

4/10/2014 - Data Protection FTC Wyndham

Institutions of Higher Education and the Fair Credit Reporting Act: Third Circuit Holds Higher Education Amendments Offer No Safe...

In a recent precedential opinion, the Third Circuit has held that the Higher Education Act provides no safe haven from strict adherence to the Fair Credit Reporting Act for colleges and universities. Moreover, the Court...more

3/6/2014 - Credit Reporting Agencies Educational Institutions FCRA Higher Education Act Safe Haven Laws Student Loans

New Jersey Homeowners Now Using Quiet Title Actions to Affirmatively Challenge a Party’s Standing to Foreclose

On November 4, 2013, the New Jersey Appellate Division in Suser v. Wachovia Mortgage, FSB, et al. affirmed a homeowner’s right to file a prospective quiet title action to affirmatively challenge a bank’s standing to foreclose...more

11/14/2013 - Action to Quiet Title Banks Foreclosure Land Titles Lenders Mortgages

Homeowners May Fight Foreclosures by Alleging That Lenders Acted in Bad Faith Concerning Loan Modification Programs

In two recent decisions, the Superior Court of New Jersey, Chancery Division, Bergen County, held that homeowners may defend against foreclosure actions by asserting that lenders acted in bad faith with respect to post-notice...more

3/7/2013 - Bad Faith Foreclosure Lenders Loan Modifications Mortgages

Supreme Court Upholds Prevailing Debt Collectors' Right to Obtain Litigation Costs from Plaintiffs Under the Fair Debt Collection...

In Marx v. General Revenue Corp., decided on February 26, 2013, the United States Supreme Court, by a margin of 7-2, held that a debt collector sued by a borrower under the Fair Debt Collection Practices Act ("FDCPA") may...more

2/28/2013 - Attorney's Fees Debt Collectors FDCPA General Revenue Corp. Legal Costs Prevailing Party SCOTUS Student Loans

CFPB To Focus On Mortgage Servicing Transfer Compliance

The Consumer Financial Protection Bureau ("CFPB") recently warned servicers that it will be using its supervisory authority to ensure that a mortgage servicer has the appropriate policies and procedures in place to protect...more

2/14/2013 - CFPB Compliance Loss Mitigation Mortgage Loan Servicing Standards Mortgages Transfer of Interest

New Jersey District Court Holds Federal Procedural Law – Not State Law – Governs Private Actions Brought Under the Telephone...

Federal District Court rejects the application of New Jersey state law prohibiting private cause of action under Telephone Consumer Protection Act ("TCPA") by concluding that the prohibition does not apply when TCPA claim is...more

1/8/2013 - Class Action Class Certification Federal Rules of Civil Procedure Private Right of Action TCPA

New Jersey Courts Require Homeowners to Act Promptly in Defense of Foreclosure

The New Jersey Appellate Division found that homeowners' excessive delay in raising their standing arguments precluded potential defenses and affirmed that a foreclosure judgment received by a party lacking standing is not...more

11/20/2012 - Foreclosure Mortgages Standing

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