Antitrust & Trade Regulation Residential Real Estate

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CFPB and FTC Representatives Speak at Symposium on Fine Print

CFPB General Counsel Meredith Fuchs and CFPB Assistant General Counsel for Law and Policy Anne Zorc spoke last week at the Georgetown Consumer Law Society and Citizen Works’ symposium entitled “Making the Fine Print Fair.”...more

Toronto Real Estate Board Heads Back to the Competition Tribunal

On February 3, 2013, the Federal Court of Appeal released a significant ruling that reversed the Competition Tribunal’s earlier finding that the abuse of dominance provisions of the Competition Act do not apply to the Toronto...more

Auction Rigger Enters Guilty Plea

A thirty-seventh individual pleaded guilty to participating in a conspiracy to rig bids and commit mail fraud at public real estate foreclosure auctions in Northern California. The guilty plea, entered on Monday, November 4,...more

FTC Settles First Mortgage Advertising Rule Enforcement Action

The Federal Trade Commission recently announced a settlement of its first enforcement action under its Mortgage Acts and Practices - Advertising Final Rule (MAPR)....more

FTC Obtains Settlement Regarding Marketing Of Mortgage Refinancing Services To Servicemembers; Announces First Settlements In...

On June 27, the FTC announced that a mortgage broker will pay a $7.5 million civil penalty to resolve alleged violations of the agency’s Telemarketing Sales Rule (TSR) and Mortgage Acts and Practices – Advertising Rule (MAP...more

'Do Not Call' Violations Lead to $7.5 Million Civil Penalty

On Thursday, June 27, 2013, the Federal Trade Commission (“FTC”) announced that Mortgage Investors Corporation of Ohio, Inc. (“Mortgage Investors”) will pay a $7.5 million civil penalty for alleged violations of the...more

FTC Submits Financial Acts Enforcement Letter To CFPB

On May 14, the FTC released a letter it sent to the CFPB’s assistant directors for fair lending and supervision examinations describing activities related to the FTC’s administration and enforcement of the regulations...more

Competition Tribunal Dismisses Commissioner’s Application Against TREB and Confirms That Abuse of Dominance Applies Only When...

In an unexpectedly brief decision dated April 15, 2013, the Competition Tribunal dismissed the Commissioner of Competition’s application challenging certain practices of the Toronto Real Estate Board (TREB) under the abuse of...more

FTC Sends FCRA Warning to Providers of Rental Histories

The Federal Trade Commission continues to keep Fair Credit Reporting Act (FCRA) enforcement at the forefront of its activities, as shown by its recent warnings to operators of six websites that provide information about...more

Mortgage Banking Update - March 08, 2013

In This Issue: - Kentucky County Clerks Cannot Sue MERS for Failure To Record Mortgage Assignments, Sixth Circuit Rules - Bipartisan Policy Center Proposes New Directions for National Housing Policy - FTC...more

Infobytes - A Weekly In-depth review of news & developments in the financial services industry - February 1, 2013

In This Issue: - FEDERAL ISSUES - STATE ISSUES - COURTS - FIRM NEWS - FIRM PUBLICATIONS - MORTGAGES - BANKING - CONSUMER FINANCE - SECURITIES - CREDIT CARDS - E-COMMERCE - PRIVACY/DATA SECURITY -...more

Eleventh Circuit Holds that Net Revenue, Not Profits, Should Determine Damages in FTC Deceptive Marketing Case

The US Court of Appeals for the Eleventh Circuit recently affirmed a judgment against three individual defendants finding that the district court correctly used net revenue to calculate damages. Defendant-appellants were...more

Corporate and Financial Weekly Digest - January 18, 2013

In this issue: - SEC Approves NYSE and NASDAQ New Compensation Committee and Adviser Listing Standards - SEC Extends No-Action Letter Permitting Broker-Dealers to Rely on Certain Investment Advisers to Conduct...more

McCarn v. HSBC USA, Inc.: A Federal Court Dismisses a Plaintiff's Attempt to Apply Antitrust-Conspiracy Principles to a Consumer...

On November 13, 2012, the U.S. District Court for the Eastern District of California, in McCarn v. HSBC USA, Inc., 2012 U.S. Dist. LEXIS 162257, issued an important decision rejecting as inadequate a plaintiff’s attempt to...more

Antitrust "Tying" Claims Dismissed Against Homebuilders

The US District Court for the Eastern District of California recently ruled on the type of activity that constitutes a claim of impermissible “tying” under federal antitrust law, holding that the alleged misconduct of a group...more

CFPB and FTC announce joint action against mortgage advertisers

The CFPB and FTC announced that they have sent warning letters to mortgage advertisers urging them to review their marketing materials to ensure that they comply with the Mortgage Acts and Practices-Advertising Rule...more

CFPB, FTC Announce Crackdown on Deceptive Mortgage Advertising

On November 19, 2012, the Federal Trade Commission and the Consumer Financial Protection Bureau announced that they have launched a new coordinated effort to protect consumers, focusing on mortgage advertisements that they...more

Mortgage Banking Update - October 19, 2012

In This Issue: - FTC Settles FCRA Enforcement Actions Alleging Wrongful Sale and Use of Prescreened Lists - Colorado Court of Appeals Finds “Fractional Interests” Not Lots under the Interstate Land Sales Full...more

FTC Settles Charges Related to Sale and Use of Consumer Mortgage Payment Data

On October 10, the FTC announced that a major consumer reporting agency (CRA) agreed to settle charges that it improperly sold lists of consumers who were late on their mortgage payments. ...more

FTC Wins Judgment in Mortgage Modification Case

On July 2, the Federal Trade Commission (FTC) announced that it obtained a $2.6 million judgment against three defendants for failing to provide mortgage modification services after collecting upfront fees from borrowers. The...more

Whalen: Too Much Regulation Caused JP Morgan $2 Billion Loss [Video]

May 17 (Bloomberg Law) -- Last week JP Morgan Chase acknowledged a trading loss of at least $2 billion, fueling calls by some observers for more regulation of financial institutions. Chris Whalen, a Senior Managing Director...more

FTC Obtains Injunction, Asset Freeze on Alleged Mortgage Scam

The Federal Trade Commission has obtained an order from the federal court for the Central District of California for a preliminary injunction and asset freeze against all the defendants in an alleged mortgage modification...more

National Settlement Executive Summary 2012

EXECUTIVE SUMMARY OF MULTISTATE/FEDERAL SETTLEMENT OF FORECLOSURE MISCONDUCT CLAIMS written by Philip A. Lehman, Assistant Attorney General Consumer Protection Division, North Carolina Department of Justice. The...more

Home Loan Modification Tips

As the recession continues to take its toll, it is not uncommon for many home owners to try to renegotiate the terms of their loans. The main federal agencies responsible for regulating the loan modification and foreclosure...more

Late Night Emails to a Bankruptcy Attorney

When I opened my bankruptcy law practice here in the Phoenix area a while back I wanted to create a website where clients could easily communicate with me and learn about the bankruptcy process. In the morning when I check...more

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