Over the past two years, mortgage loan servicers have faced an onslaught of regulatory scrutiny, enforcement actions and targeted litigation. The Department of Justice, state attorneys general and the federal banking...more
On June 17, the U.S. Department of Defense issued advance notice of proposed rulemaking (ANPR) related to installment loans used by members of the armed forces and their families.
The rule, which would revise 32 C.F.R....more
Thus far SCRA enforcement activity has focused on the federal act, leaving the states overlooked....more
Compliance with the Servicemembers Civil Relief Act, 50 USC app. §§501 is essential in light of recent SCRA settlements including large monetary penalties and ongoing compliance monitoring. In this article, published in...more
Kirk Jensen reviews the major topics of litigation in the area of financial services in this presentation to the American Financial Services Association (AFSA). He reviews the AT&T v. Concepcion case involving the...more
"The Massachusetts Supreme Judicial Court issued its opinion in U.S. Bank National Association v. Ibanez Jan. 7, effectively turning back the clock on modern mortgage finance to the 1800s. Rather than acknowledge the clear...more
"This article reviews the history of UDAP from its antitrust origins to today's consumer protection focus, and outlines the Federal Trade Commission's test for unfair trade practices. The authors believe UDAP's history is not...more