As previously reported on this blog, the U.S. Supreme Court’s decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., 135 S. Ct. 2507 (2015) adopted a burden-shifting approach to assessing claims that housing policies cause disparate impact on minority populations in violation of the Fair Housing Act (“FHA”) (42 U.S.C. § 3601). By adopting that approach, the Court confirmed the availability of this form of lawsuit against government entities that implement housing policies.
Consumer Financial Services Legal Update Blog
A little over one year ago, the U.S. Supreme Court issued its ruling in Jesinoski v. Countrywide Home Loans, Inc., 135 S. Ct. 790 (2015), which resolved a circuit court spit regarding how a mortgage borrower may exercise the right of rescission under the Truth-in-Lending-Act (“TILA”).
A recent decision by the California Court of Appeal held that the practice called “dual tracking” – when a lender forecloses on a property while the borrower’s application for a loan modification is under review – violates California’s Unfair Competition Law.
A recent decision by the Massachusetts Court of Appeals highlights some of the challenges lenders may face when seeking the dismissal of allegations of unfair and deceptive lending practices in connection with a loan that requires a balloon payment at the end of the loan’s term.
On December 11, 2015, the U.S. Supreme Court granted certiorari to hear a dispute concerning allegations of deceptive debt collection by lawyers.
Online Services Companies Await Supreme Court Ruling on Standing to Bring Class Actions under Fair Credit Reporting Act
On November 2, 2015, the U.S. Supreme Court heard a contentious round of oral arguments in a case that may significantly change the landscape of consumer class actions.
Does This Year’s Nobel Prize in Economics Suggest Any Lessons Regarding the Regulation of the Consumer Finance Industry?
On Monday October 12, 2015, Professor Angus Deaton won the Nobel Memorial Prize in Economic Science. What lessons does Professor Deaton’s work hold with respect to the regulation of the consumer finance industry?
The U.S. Department of Education is continuing to move forward with issuing new regulations regarding the “Borrower Defense to Repayment Rule,” which concerns the ability of a Direct Loan borrower to seek a discharge of a Direct Loan repayment obligations if the educational services provided by a college were in some way deficient. These amendments are potentially important not only to borrowers, but also to colleges and the loan servicing industry.
“Is This The Party To Whom I Am Speaking?”: Third Circuit Okays TCPA Suit Against Bank Over Call Meant For Roommate
Does the roommate of a telephone subscriber have standing to sue for an alleged violation of the Telephone Consumer Protection Act? Surprisingly, according to the U.S. Court of Appeals for the Third Circuit, the answer is “yes.”
This new article co-authored by Dorsey partner Melissa Krasnow discusses the Canadian and U.S. compliance regimes regarding spam emails, text messages, and other spam communications. Consumer finance entities should be familiar with these rules, given the potential implications of these rules for communications with potential and current borrowers.
On October 2, 2015, the City of New York moved to dismiss a lawsuit accusing the City of unlawfully perpetuating racial segregation in the housing industry. The arguments made by the City offer an important insight into the City Law Department’s view on the Fair Housing Act and disparate impact claims.
Dorsey partner Eric Epstein and Dorsey associate Augustine Lo wrote this recent article for The Real Estate Finance Journal regarding the new amendments to the HMDA regulation, Regulation C.
If a federal agency conducts a CRA audit and finds that a lender’s conduct is compliant with federal law, is the CFPB barred from subsequently alleging that the same conduct violates federal law?