Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
Arbitration - An Alternative to Litigation for Dispute Resolution
Elmo Sex Scandal: More Accusers May Come Forward, Says Lawyer
Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
Whalen: Go Back To The Future To Fight Fraud With Equity Receivers
Today the Illinois Supreme Court issued its decision in Standard Mutual v. Lay, 2013 IL 114617 (2013). Locklear brought a class action claim against Lay under the Telephone Consumer Protection Act of 1991 (TCPA), which...more
On May 10, 2013, Judge Thomas B. Russell of the Western District of Kentucky granted final approval of the $40 million settlement in In Re: Skechers Toning Shoe Products Liability Litigation, No. 3:11-md-02308, 2013 U.S....more
The United States Court of Appeals for the Ninth Circuit recently considered “the issue of whether class representatives and class counsel are adequate where the settlement agreement conditions payment of incentive awards on...more
One of the most intriguing aspects of the new Consumer Financial Protection Bureau is the agency's novel power not only to assess civil penalties against those entities that violate its rules and federal consumer laws, but...more
In Wisconsin, consumers who purchase a defective new vehicle are protected by the state’s Lemon Law. Now, state lawmakers are seeking to change the law, by reducing damage awards and giving manufacturers more time to resolve...more
The Federal Reserve's Minimum Standards for Prioritization and Handling Borrower Files with Imminent Foreclosure Sale.
The Federal Reserves guidance is significant because it applies to all regulated bank servicing, rather...more
Office of the Comptroller of the Currency’s Minimum Standards for Prioritization and Handling Borrower Files Subject to Imminent Foreclosure Sale for all OCC Regulated Banks.
The OCC guidance is significant because it...more
If you are considering bankruptcy or are wondering what is required of a debtor who files for bankruptcy, then you will want to read this post!
Contact: George E. Bourguignon, Jr.
Phone: (508) 769-1359...more
On April 30, 2013, Magistrate Judge Westmore recommended that the U.S. District Court, Northern District of California award Facebook $2.8 million in damages from typosquatters under the Anticybersquatting Consumer Protection...more
CLASS ACTION FINDINGS OF FACT AND CONCLUSIONS OF LAW AFTER BENCH TRIAL AWARDING $203 MILLION TO WELLS FARGO'S CALIFORNIA CUSTOMERS.
A California judge ordered Wells Fargo to pay California customers $203 after finding that...more
Senator Elizabeth Warren Pushes Feds For Answer On Big Bank Enforcement
WASHINGTON — Sen. Elizabeth Warren (D-Mass.) raised the stakes of her quest to find out why a single Wall Street bank has not been prosecuted in the...more
On April 26, the Consumer Financial Protection Bureau (CFPB or the Bureau) issued a final rule, effective immediately, that sets forth procedures for the administration of the Consumer Financial Civil Penalty Fund (Civil...more
Yesterday, Governor Jerry Brown’s office announced his intention to propose “updates” to Proposition 65 (Health & Safety Code section 25249.5 et seq.) supposedly designed to make the law less susceptible to the widespread...more
Attorney General Kamala D. Harris today filed an enforcement action against JPMorgan Chase & Co. (Chase) alleging that the bank engaged in fraudulent and unlawful debt-collection practices against tens of thousands of...more
Yesterday, the Federal Housing Finance Agency (FHFA) announced that it is directing Fannie Mae ("Fannie") and Freddie Mac ("Freddie") to limit their future mortgage acquisitions to loans that meet the requirements for a...more
On April 26, the CFPB issued a final rule that (i) establishes the governance structure of the Civil Penalty Fund, including the position of Civil Penalty Fund Administrator, (ii) identifies categories of victims who may...more
Supreme Court Ups the Bar for Class Action Lawsuits
by Christine M. Vanek on May 7, 2013
The U.S. Supreme Court’s decision in Comcast Corp. v. Behrend will likely help businesses defend employment, anti-trust, consumer...more
On April 3, 2013, the Federal Trade Commission issued a press release that marks yet another step in its continuing trend of actions involving data brokers and data providers. As we have noted in earlier blog posts, the...more
New York Attorney General Eric Schneiderman To Sue Wells Fargo & Bank Of America For Violating National Mortgage Settlement...more
California Homeowner Bill of Rights (HBOR) Blocks Bank of America's Foreclosure
A California man successfully halted a foreclosure sale on his property using the newly minted California Homeowner Bill of Rights to obtain a...more
If someone has damaged your business interests by a false and defamatory statement in Massachusetts, then this post is a must read!
Contact: George E. Bourguignon, Jr.
Phone: (508) 769-1359 or (413)...more
The Congressional Budget Office is accepted as a non-partisan agency which has torpedoed both Democratic and Republican proposals on the economy. Upon request from Congress, the CBO studied the mortgage and foreclosure market...more
NATIONAL CONSUMER LAW CENTER (NCLS)
Banks Raking In Billions In Profits From Overdraft Fees
The notion behind an overdraft fee — in which a bank customer is charged a penalty for overdrafting his account — is twofold:...more
In this week’s episode of As the CFPB Turns questions remain regarding Director(?) Richard Cordray’s constitutional authority to act as the Director of the CFPB. House Financial Services Committee Chairman, Jeb Hensarling,...more
“Cramming” – while it sounds like the experience of being in the middle row of a cross-country flight – actually refers to unauthorized charges on phone bills. Residential and business telecommunications customers have...more
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