Federal law delineates a magistrate judge’s exercise of jurisdiction over a civil case. Specifically, with the “consent of the parties,” a magistrate judge may conduct “any or all proceedings . . . and order the entry of...more
In Kallai v. Jatola Homes, a recent decision under Section 8 of the Real Estate Settlement Services Procedure Act (RESPA), a federal district court judge in Ohio ruled that class plaintiffs’ RESPA allegations were sufficient...more
Last week, the United States Court of Appeals for the Ninth Circuit issued a decision vacating a district court order certifying three plaintiff classes pursuing damages for alleged price-fixing conspiracies in the tuna...more
4/16/2021
/ Anti-Competitive ,
Antitrust Injuries ,
Burden of Proof ,
Class Action ,
Class Certification ,
Confidential Business Information (CBI) ,
Conspiracies ,
Corporate Counsel ,
New Guidance ,
Predominance Requirement ,
Price-Fixing ,
Promotional Items ,
SCOTUS ,
Tyson Foods v Bouaphakeo
Dozens of class action lawsuits have been filed against educational institutions since March and more are expected. Although each lawsuit attacks a specific institution’s individualized response to the COVID-19 pandemic, the...more
On March 13, the Fourth Circuit Court of Appeals rejected plaintiffs’ claim in a class action under Section 8 of the Real Estate Settlement Procedures Act (RESPA), which imposes a broad prohibition against referral fees or...more
Real estate businesses should be aware that they may be the target of new class action lawsuits under the Telephone Consumer Protection Act (“TCPA”), which has the potential for significant liability exposure. Businesses in...more
This week, in the closely watched case of China Agritech v. Resh, the U.S. Supreme Court issued an important class action ruling, holding that the tolling principles announced in its earlier American Pipe decision do not...more
6/14/2018
/ Appeals ,
China Agritech Inc v Resh ,
Class Action ,
Class Certification ,
Class Members ,
Equitable Tolling ,
FRCP 23 ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
Securities Fraud ,
Statute of Limitations ,
Subsequent Litigation
As we previewed last week, the Supreme Court is considering whether the filing of a class action tolls the statute of limitations for absent class members so that they can pursue a separate class action if the initial action...more
Parties have long argued over whether the filing of a class action tolls the statute of limitations for absent class members so that they can pursue a separate class action if the initial action fails to be certified for any...more
3/30/2018
/ American Pipe & Construction Co. v. Utah ,
China Agritech Inc v Resh ,
Class Action ,
Class Certification ,
Corporate Counsel ,
FRCP 23 ,
FRCP 23(b)(3) ,
Notice Requirements ,
Pleading Standards ,
PLSRA ,
Putative Class Actions ,
Rules Enabling Act ,
SCOTUS ,
Shady Grove ,
Spokeo v Robins ,
Statute of Limitations ,
Tolling
Following Borders & Borders PLC’s (Borders) successful summary judgment motion last summer, the Consumer Financial Protection Bureau (CFPB or Bureau) filed a motion for reconsideration with the federal district court in...more
As anyone who is associated with the residential real estate settlement services industry can appreciate, resolution of the PHH case by the full bench of the D.C. Circuit Court of Appeals has brought much-needed clarity and...more
3/9/2018
/ Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
Enforcement ,
Enforcement Actions ,
Financial Services Industry ,
PHH Corp. v CFPB ,
Regulatory Oversight ,
RESPA ,
Section 8 ,
Strategic Planning ,
Trump Administration ,
UDAAP
On September 27, 2017, the Consumer Financial Protection Bureau (CFPB) announced the settlement of its Real Estate Settlement Procedures Act (RESPA) enforcement action against Meridian Title Corp. (Meridian), an Indiana-based...more
The Ninth Circuit finally weighed in again on Article III standing issues after the remand of the Spokeo case from the United States Supreme Court. The Supreme Court in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016),...more
On July 12, 2017, a federal district court in Kentucky issued a summary judgment ruling for the defense in the ongoing Borders & Borders case brought by the Consumer Financial Protection Bureau (CFPB or Bureau). In this...more
On July 10, 2017, in a surprise move, the Consumer Financial Protection Bureau (CFPB or Bureau) issued its long awaited final rule on arbitration (Final Arbitration Rule). This rule-making has been a lightning rod issue for...more
7/15/2017
/ Arbitration Agreements ,
Class Action Arbitration Waivers ,
Congressional Committees ,
Congressional Review Act ,
Consumer Credit Protection ,
Consumer Financial Contracts ,
Consumer Financial Protection Bureau (CFPB) ,
Debt Collectors ,
Debt Settlement Services ,
Final Rules ,
Mortgage Lenders ,
Mortgage Servicers ,
Obama Administration ,
Real Estate Professionals ,
Richard Cordray ,
Third-Party Service Provider ,
Trump Administration
Although the RESPA issues were addressed in the briefs filed by the parties in the PHH case, at oral argument this week the parties and the en banc D.C. Circuit focused heavily on whether the president’s authority is...more
5/31/2017
/ Administrative Agencies ,
Administrative Proceedings ,
Anti-Kickback Statute ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Director Removal ,
PHH Corp. v CFPB ,
Removal For-Cause ,
RESPA ,
Separation of Powers ,
Statute of Limitations
Businesses across the country regularly bemoan the time and expense of litigation. Even when businesses are successful in defending non-meritorious consumer claims alleging unfair or deceptive practices, false advertising,...more
5/12/2017
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
CLRA ,
Consumer Financial Protection Bureau (CFPB) ,
Federal Arbitration Act ,
Injunctive Relief ,
PHH Corp. v CFPB ,
Statutory Damages ,
Statutory Rights ,
Unconscionable Contracts ,
Unfair Competition
The Consumer Financial Protection Bureau (CFBP) on January 31, 2017, issued consent orders settling enforcement claims that a major mortgage lender violated the Real Estate Settlement Procedures Act (RESPA) in connection with...more
The legal challenge by PHH Corp. (PHH) to a June 4, 2015, decision by the director of the Consumer Financial Protection Bureau (Bureau) in connection with the Bureau’s enforcement proceeding against PHH has captivated the...more
10/19/2016
/ Administrative Appeals ,
Appeals ,
Article III ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Disgorgement ,
Enforcement Actions ,
Enforcement Guidance ,
Penalties ,
PHH Corp. v CFPB ,
Removal At-Will ,
Removal For-Cause ,
RESPA ,
Safe Harbors ,
Separation of Powers ,
Single Director ,
Standing ,
Statute of Limitations ,
UDAAP ,
Vacated
From fair housing laws to licensing requirements, the real estate industry is accustomed to navigating various legal constraints and requirements. However, as a result of current ambiguity in the law, class action lawsuits...more
On April 12, 2016, a panel of the U.S. Court of Appeals for the D.C. Circuit heard oral argument in PHH Corporation’s (PHH) milestone legal battle with the Consumer Financial Protection Bureau (Bureau). During the argument,...more
4/19/2016
/ Consumer Financial Protection Bureau (CFPB) ,
HUD ,
Kickbacks ,
Market Rate ,
Mortgage Insurance ,
Mortgage Lenders ,
Reinsurance ,
RESPA ,
Richard Cordray ,
Section 8(a) ,
Statute of Limitations
The consumer financial services industry is wondering how the sudden passing of United States Supreme Court Justice Antonin Scalia will affect the pending Spokeo, Inc. v. Thomas Robins case. Spokeo is a key case dealing with...more
On October 8, 2015, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a Compliance Bulletin on RESPA Compliance and Marketing Services Agreements (“MSAs”)(“Compliance Bulletin”). The Compliance Bulletin’s...more
10/20/2015
/ Affiliated-Business Arrangements ,
Consumer Financial Protection Bureau (CFPB) ,
Disclosure Requirements ,
Enforcement Actions ,
Kickbacks ,
Marketing ,
Marketing Services Agreements ,
Quid Pro Quo ,
Referral Fees ,
RESPA ,
Safe Harbors
There is little doubt that large class action lawsuits are a content aggregator’s worst nightmare. This especially holds true for those who transact significant amounts of data which may include government-created public...more
The Director of the Federal Consumer Financial Protection Bureau (CFPB), Richard Cordray, issued a decision yesterday in the first appeal of a Bureau administrative enforcement action.
Cordray’s decision upholds in part,...more
6/5/2015
/ Administrative Appeals ,
Administrative Law Judge (ALJ) ,
Consumer Financial Protection Bureau (CFPB) ,
Disgorgement ,
Dodd-Frank ,
Enforcement Actions ,
HUD ,
Injunctive Relief ,
Kickbacks ,
Mortgage Insurance ,
Referral Fees ,
Reinsurance ,
RESPA ,
Richard Cordray ,
Securities and Exchange Commission (SEC) ,
Statute of Limitations ,
Title X