Kirk Jensen

Kirk Jensen

BuckleySandler LLP

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Latest Publications


A New Balancing Act: The DOJ Provides New Direction Regarding the SCRA's Interest Rate Benefit

When Congress reenacted the Servicemembers’ Civil Relief Act (“SCRA”) in 2003, Congress designed the SCRA to balance the interests of active duty servicemembers and their creditors, as it had done under the SCRA’s predecessor...more

2/11/2015 - Consent Order Consumer Lenders Financial Institutions Interest Rates Lenders Military Service Members Sallie Mae SCRA

Caveat Emptor or Caveat Vendor? The Evolution of Unfairness in Federal Consumer Protection Law

Under the Federal Trade Commission’s original interpretation of unfair or deceptive acts or practices law, financial institutions could feel some sense of security that, if they provided a consumer with a clear understanding...more

1/29/2015 - CFPB China Data Brokers Data Controller FCRA Fiduciary Duty Financial Institutions FTC Mobile Devices Mobile Payments Prudential Regulation Authority Shadow Banking Unfair or Deceptive Trade Practices

BuckleySandler Files Amici Curiae Brief on Behalf of Industry Groups in Supreme Court TILA Case

On September 17, BuckleySandler filed an amici curiae brief on behalf of six industry associations in a Supreme Court case addressing the right to rescind a transaction under the Truth in Lending Act (TILA). In Jesinoski v....more

9/25/2014 - Borrowers Jesinoski v Countrywide Rescission SCOTUS TILA

Disparate Impact In Fair Lending: A Theory Without A Basis And The Law Of Unintended Consequences

The disparate impact theory of discrimination allows the government or a private plaintiff to establish discrimination based solely on the outcome of a neutral policy, without having to prove any actual intent to...more

3/31/2014 - Anti-Discrimination Policies Discrimination Disparate Impact Fair Lending FHA SCOTUS

Highway To The Danger Zone: Automotive Lending And The Servicemembers Civil Relief Act

This past March, Carl Nuss — a 75-year-old used car dealer from Birmingham, Alabama — received a letter from one of his customers, requesting that Mr. Nuss reduce the customer’s interest rate to six percent since the customer...more

1/24/2014 - Automotive Loans Compliance DOJ Enforcement Investigations Servicemembers’ Civil Relief Act

Lenity, Chevron Deference And Consumer Protection Laws

Several federal statutes, including the Real Estate Settlement Procedures Act (“RESPA”), the Truth in Lending Act (“TILA”) and the Servicemembers Civil Relief Act (“SCRA”) permit the government to seek either civil or...more

1/17/2014 - Chevron Chevron Deference Enforcement Actions HUD Mortgages Real Estate Market RESPA SCRA TILA

Students, Loan Servicers And The Servicemembers Civil Relief Act

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

11/5/2013 - Loan Servicer Loans Servicemembers’ Civil Relief Act Student Loans Students

More Scrutiny For Short-Term, Small-Dollar Loans

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

7/15/2013 - Department of Defense Proposed Legislation

Spotlight On The SCRA (Part 3 Of 3): Federal vs. State

Thus far SCRA enforcement activity has focused on the federal act, leaving the states overlooked....more

5/28/2013 - Compliance Eligibility Enforcement Mortgages SCRA

You Can't Handle The Truth: Fact, Fiction and the Servicemembers Civil Relief Act

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


AFSA Litigation - Year in Review

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


Ibanez: A 19th-century decision for the 21st century

"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


Under the microscope: A brief history of UDAP laws and predictions for post-Dodd Frank developments

"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

10/27/2010 - CFPB Dodd-Frank FACTA FDCPA FTC

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