News & Analysis as of

Telephone Consumer Protection Act Debt Collection Statute of Limitations

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
McGlinchey Stafford

Litigation Byte (December Edition)

McGlinchey Stafford on

Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business....more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – May 2020

Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies....more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 7, 2020

Carlton Fields on

Real Property Update - Fraudulent Transfer: Real property that was worth less than mortgage encumbering it was not an asset per the plain language of section 726.102(2) and, therefore, could not support fraudulent transfer...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending June 28, 2019

Carlton Fields on

Real Property Update - Foreclosure / Res Judicata: res judicata did not apply where later foreclosure action was based on different period of default than the prior action on same loan - Bullock v. Bayview Loan Servicing,...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 26, 2019

Carlton Fields on

Real Property Update - • Foreclosure / Reverse Mortgage / Condition Precedent: bank failed to establish that the subject property was not the principal residence of surviving co-borrower under its reverse mortgage, a...more

Carlton Fields

Financial Services & Title Insurance Update: Week Ending March 22, 2019

Carlton Fields on

Financial Services Update - FDCPA / definition of "debt collector": law firm carrying out a nonjudicial foreclosure action not a debt collector because the primary definition of a "debt collector" under sec. 1692a does not...more

Vedder Price

TCPA Case Law Review (Vol. 6)

Vedder Price on

As 2018 comes to a close, there is no sign that the development of TCPA case law will be slowing any time soon. Since our last report in October, we have reviewed at least 75 new decisions discussing the TCPA in one way or...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending March 2, 2018

Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Standing: borrower's standing arguments failed because they were based on notion that note changed hands after it was delivered to World Savings Bank in 2007, when in fact the note...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Weeks Ending November 17 & 24, 2017

Carlton Fields on

REAL PROPERTY UPDATE - Receiver/Barton Doctrine: individual could not bring negligence action against discharged receiver of commercial property until individual first obtained leave to do so from the court that appointed...more

Carlton Fields

Sixth Circuit Litigants Beware: Exiting The American Pipe Highway Can Forfeit Your Toll

Carlton Fields on

Classified contributors have blogged numerous times (including several times this year) on opinions that tested the boundaries of American Pipe tolling, including those that addressed whether the doctrine applies to claims...more

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