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Payments Docket – December 2024

The latest edition of the Payments Docket, our roundup of key litigation and enforcement involving the payments industry, features why the CFPB’s open banking rule is under fire, a convenience fee that steals your lunch...more

Payments Docket – December 2023

The latest edition of the Payments Docket, our roundup of key litigation involving the payments industry, features fintechs and nonbanks continuing to face regulatory scrutiny, a pair of processors failing to process...more

Payments Docket - May 2023

The latest edition of the Payments Docket, our roundup of key litigation involving the payments industry, features fintechs and nonbanks continuing to face regulatory scrutiny, crypto going bankrupt, and banks are paying for...more

A Big Win for Servicers, Trustees, and Certificate Administrators Safeguarding Their Right to Indemnification from a CMBS Trust

The Commercial Mortgage Alert article “Master Servicer Wins Clawback Case” covered a summary judgment ruling in two related Minnesota trust instruction proceedings that have broad implications for the CMBS industry. Our...more

Payments Docket – September 2022

The latest edition of the Payments Docket, our roundup of key litigation involving the payment industry, features FinTechs and nonbanks facing regulatory scrutiny, MCA lenders fighting a pair of beastie lawsuits, and a...more

Debtholders Are Not Entitled to Keep $500 Million Mistakes

Our Finance and Financial Services Litigation Groups examine why the Second Circuit vacated the district court’s ruling that Revlon’s creditors could keep a mistakenly sent $500 million payment....more

Eleventh Circuit Finds Monthly Mortgage Statement Containing Boilerplate “This Is An Attempt To Collect A Debt” Language...

A&B Abstract: In Daniels v. Select Portfolio Servicing, Inc., 2022 U.S. App. LEXIS 14013 (11th Cir. May 24, 2022) a panel of the Eleventh Circuit addressed the question “whether a required monthly mortgage statement that...more

Eleventh Circuit Is Not So Sweet To Consumer Plaintiffs Alleging FACTA Violations

A&B Abstract: The Eleventh Circuit’s recent decision in Muransky v. Godiva Chocolatier, Inc., No. 16-16486 (11th Cir. Oct 28, 2020) marks a shift in the court’s position regarding what a consumer plaintiff must allege in...more

Supreme Court Cases Threaten a “Cornerstone” of the FTC’s Enforcement Program – Disgorgement

A&B ABstract:    For decades, the FTC has pursued defendants allegedly engaged in “unfair or deceptive acts or practices in or affecting commerce” in violation of the FTC Act....more

Recent Cases Deepen the Divide Among Circuits on Standing to Sue for Violations of FACTA

A&B Abstract: Recent cases by the Eleventh Circuit and the D.C. Circuit deepen the divide among the courts on the standing of consumers to sue for violations of the Fair and Accurate Credit Transactions Act (“FACTA”). ...more

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