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HELOC Funds Accessed With a Credit Card: No Right To Offset Absent Express Agreement

The idea of borrowing against equity in a residential home through a second mortgage has been around for almost a century. However, the popularity of a home equity line of credit (HELOC) increased in the 1980s following the...more

Consumer Financial Protection Bureau Imposes Record Fine for Consumer Banking Violations; Civil Suits May Follow

The Consumer Financial Protection Bureau (CFPB) recently imposed its largest fine ever for consumer banking law violations. The agency’s action is a good reminder for other banks to review their own practices and may spawn...more

West Virginia Class Action Update

A spate of recent decisions from the Supreme Court of Appeals of West Virginia illustrates that while putative class action plaintiffs must strictly comply with the requirements for class certification and courts’...more

West Virginia Takes Another Step Toward More Conservative View of Class Actions

Plaintiffs seeking class action treatment in West Virginia state court may find a less hospitable environment in the wake of a recent decision. In State ex rel. Surnaik Holdings of WV, LLC v. Bedell, the Supreme Court of...more

West Virginia Foreclosures in the Age of Corona

Economic turmoil brought on by the coronavirus pandemic has created much concern about a potential rise in residential foreclosures. On August 5, 2020, Governor Jim Justice followed his presentation on school reopening...more

Don’t Let Automatic Calls to Consumers Cost You, Rather than Help You – A TCPA Update

Earlier this month, the United States Supreme Court confirmed the broad reach of the Telephone Consumer Protection Act (TCPA) to prohibit unsolicited automated calls or “robocalls” to cell phones. In Barr v. American...more

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