The United States Court of Appeals for the Second Circuit recently affirmed a magistrate judge’s decision in the District Court for the Eastern District of New York to dismiss a complaint brought under TILA and HOEPA. The complaint sought rescission of two loans secured by a lien on a co-operative apartment on the grounds that certain required disclosures were not made by the lender. Adopting the Federal Reserve’s definition of “mortgage broker” the Second Circuit affirmed the district court’s finding that the appellant borrower failed to establish that the subject loans were procured by a mortgage broker.
- Supreme Court to Resolve Circuit Split on FDCPA Statute of Limitations
- FCC Taps Geoffrey Starks as New Commissioner After Clyburn Retirement
- FCC Creates New TCPA Safe Harbor and Reassigned Phone Number Database
- TCPA Roundup: A Week of Blockbuster News from the Supreme Court, the Ninth Circuit, the FCC, and a Few District Courts
- Vizio Settles for $17 Million Claims That it Collected and Distributed Consumers’ Viewing Histories on Smart TV Device Without User Consent
- Administrative Procedure (3)
- Arbitration (6)
- Auto Loans (1)
- Banking (8)
- Bankruptcy (1)
- CCD (1)
- CFPB (29)
- Class Actions (3)
- CRA (1)
- Disparate Impact (4)
- Dodd Frank (2)
- Electronic Fund Transfer Act (1)
- FACTA (2)
- Fair Credit Reporting Act (4)
- FCC (11)
- FDCPA (12)
- FHA (3)
- Forum Selection Clauses (1)
- FTC (2)
- General (2)
- HMDA (1)
- HOEPA (1)
- Home Loans (2)
- Integrated Disclosure Rule (1)
- OCC (1)
- Protective Orders (1)
- QWRs (2)
- Rescission (2)
- RESPA (1)
- Spam Regulations (1)
- State Consumer Protection Laws (4)
- Student Loans (4)
- TCPA (77)
- Truth in Lending (7)
David has extensive experience in consumer financial services litigation and co-ch...
Joe is a partner in the Firm’s Finance & Restructuring Group and a member of the Ban...
Amanda represents a variety of commercial and financial institutions in complex litigatio...
Divya Gupta is a commercial litigator Partner with one of the nation’s most knowledge...
Scott brings the tenacity of a former prosecutor to his representation of clients in high-st...
Alex is a member of one of the nation’s most prominent and knowledgeable Telephone Cons...