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“Not A Close Call”: The D.C. Circuit Restores The Safe Harbor To Section 8 of RESPA

Noting that “[t]he basic statutory question in this case is not a close call,” the D.C. Circuit has held that a bona fide payment by one settlement service provider to another does not violate Section 8(a) of the Real Estate...more

10/14/2016  /  CFPB , HUD , Mortgage Insurance , Reinsurance , RESPA

D.C. Circuit Appears Poised to Overturn First CFPB Enforcement Action to Reach the Court: Five Key Takeaways From Yesterday’s Oral...

Major financial firms almost never litigate with their regulators. As a result, regulators often take aggressive enforcement positions with little fear of judicial scrutiny. That’s been especially true for the Consumer...more

They’re Just Not That into You: A Brief Summary of How Federal Courts Have Treated the CFPB’s Interpretations of Statutes and...

Since its creation in 2011, the Consumer Financial Protection Bureau (“CFPB”) has exercised its broad authority to regulate a wide swath of the consumer financial services industry. While the CFPB has the authority to engage...more

Against the Tide: A New Take on RESPA’s Section 8(c)(2) Safe Harbor by the CFPB

Grab a flotation device – the final decision recently issued by Director Richard Cordray of the Consumer Financial Protection Bureau (“CFPB”) in the administrative enforcement proceedings against PHH Corp....more

Removing a Barrier: The Supreme Court Holds That, Under CAFA, Notices of Removal Need Not Include Evidence Supporting the Amount...

On December 15, 2014, the United States Supreme Court held in Dart Cherokee Basin Operating Co., LLC v. Owens that a class action defendant need only allege the requisite amount of controversy “plausibly” in the notice of...more

To Moot or Not to Moot: The Seventh Circuit’s Tender Doctrine Offers a Potentially Powerful Tool for Class Action Defendants

Defending a putative consumer class action in a federal district court within the Seventh Circuit? Has the named plaintiff filed a motion for class certification yet? If not, Seventh Circuit jurisprudence provides a powerful...more

To Offer or Not to Offer: Post Genesis, Uncertainty Continues Regarding the Impact of Rule 68 Offers of Judgment in the Class...

Hit with a putative consumer class action? One of the first questions that should be considered is whether to make an offer of judgment to the named plaintiff(s). Federal Rule of Civil Procedure 68 permits a defendant to...more

Safe Harbor Means Safe Harbor: Sixth Circuit Rejects Any Judicial Deference to HUD’s Sham Affiliated Business Guidelines

Providing clarity in an area of law that had become increasingly muddled over the last two decades, the U.S. Court of Appeals for the Sixth Circuit has issued a decision that clarifies the scope of RESPA’s safe harbor for...more

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