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Eleventh Circuit: Bank Cannot Add Arbitration Clause While in Litigation

In Dasher v. RBC Bank, the Eleventh Circuit held that a bank could not retroactively apply a newly-inserted arbitration provision in its customer account agreement to a dispute that was already in litigation unless the...more

11th Circuit Axes Class Action Settlement; Holds Objector Should Have Been Allowed to Intervene

In Technology Training Associates, Inc. v. Buccaneers Limited Partnership, No. 17-11710 (October 26, 2017), the Eleventh Circuit axed an approved class action settlement due to plaintiffs’ counsel’s apparent “desire to grab...more

Lenders Beware: Overdraft Policies May Spur CFPB Litigation

The CFPB is aggressively litigating overdraft issues, which means lenders should proactively review their overdraft policies to avoid the specter of costly litigation with the CFPB. For example, in Consumer Financial...more

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