Real Property Update
- HAMP / Loan Modification / Cause of Action: No independent cause of action for lender's failure to provide loan modification agreement under HAMP - Riano v. Bank of Am., N.A., Nos. 3D20-1260, 3D20-1473 (Fla. 3d DCA Jan. 19, 2022) (affirming judgment in bank's favor)
- Foreclosure / Affirmative Defenses Precluding Summary Judgment: Affidavit supporting detailed factual accounts relating to affirmative defenses, including fraud in the inducement, precluded summary final judgment of foreclosure - McIntosh Fish Camp, LLC. v. Colwell, No. 5D21-1050 (Fla. 5th DCA Jan. 21, 2022)
Financial Services Update
- FDCPA / Standing / Actual Damages: Prayer for recovery of actual damages, in particular alleged reputational harm in this instance, was sufficient to establish Article III standing when considering a motion to remand - Kamara v. Medicredit, Inc., No. 1:21-cv-23110 (S.D. Fla. Jan. 20, 2022)
- TCPA / ATDS: LiveVox HCI dialer did not qualify as an ATDS - Meier v. Allied Interstate, LLC, No. 20-55286 (9th Cir. Jan. 19, 2022)
- Telemarketing Act / Preclusion: Section 6103(d) does not prohibit the CFPB and states from bringing joint actions, where CFPB had not previously initiated an action - Bureau of Consumer Fin. Prot. v. Consumer Advocacy Ctr., Inc., No. 8:19-cv-01998 (C.D. Cal. Dec. 7, 2021) (denying defendant's motions to dismiss and to strike)
- FDCPA / Debt Collector: Guaranty agency for the U.S. Department of Education is not a "debt collector" under the FDCPA - Manchanda v. Educ. Credit Mgmt. Corp., No. 1:19-cv-05121 (S.D.N.Y. Jan. 14, 2022) (granting summary judgment in defendant's favor)
Title Insurance Update
No cases of interest to report.
