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Loan Servicer Class Action

Sheppard Mullin Richter & Hampton LLP

Bank Partnership Moves to Dismiss Class Action Asserting Violations of Georgia Rate Cap Law

On January 29, a Missouri-based bank and its Kansas-based fintech loan servicer filed a joint motion to dismiss a purported class action filed against them alleging violations of the Georgia Installment Loan Act (GILA) and...more

Troutman Pepper

Bank and Loan Servicer Move to Dismiss Purported Class Action Asserting Violations of Georgia Usury Law and RICO

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Recently, Lead Bank and its loan servicer Hyphen, LLC, an online lending platform operating Helix Financial, filed a motion to dismiss a purported class action alleging violations of the Georgia Installment Loan Act (GILA)...more

Miles & Stockbridge P.C.

Convenience Fees: Not So Convenient for the Collectors

Why Maryland Collectors of Consumer Debts Need to Be Concerned About Convenience Fees - A recent Fourth Circuit Court of Appeals decision may have sweeping implications across the consumer debt collection industry in...more

Faegre Drinker Biddle & Reath LLP

Court Denies Class Certification in a TCPA Case for Lack of Numerosity and Predominance Despite Millions of Automated Calls

Recently, the Northern District of California joined other courts in more closely scrutinizing class certification motions in TCPA cases. In a case involving an automated phone call by a loan servicer regarding Plaintiff’s...more

Bradley Arant Boult Cummings LLP

5th Circuit Joins the Growing Crowd Holding that Private Student Loans May be Dischargeable in Bankruptcy

The Fifth Circuit’s recent decision in Crocker v. Navient Solutions is a stark reminder to for-profit student lenders and servicers that bankruptcy caselaw continues to evolve relating to discharge. In Crocker, the Fifth...more

Locke Lord LLP

Federal District Court Pumps the Brakes on Borrower’s Post-Acceleration FCRA Class Action Lawsuit

Locke Lord LLP on

On December 11, 2017, Locke Lord obtained a dismissal with prejudice of a punitive class action. In Leones v. Rushmore Loan Management Services, LLC, No. 0:17-CV-61216-WPD (S.D. Fla. Dec. 11, 2017), the United States...more

Troutman Pepper

True Lender Issues Cloud the Future of Marketplace Lending

Troutman Pepper on

The relationship between certain peer-to-peer or marketplace lending platforms and the banks who actually make the loans to consumers leads to the often-debated question of “Who is the true lender?” Recent court decisions...more

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