Ninth Circuit Affirms Dismissal of RESPA Claim for Overcharges
The Ninth Circuit affirmed the dismissal of a purported class action under the Real Estate Settlement Procedures Act (“RESPA”) because the plain language of RESPA does not apply to the practice of...
View ArticleThe Consumer Financial Protection Act's Provisions on Preemption
The Dodd-Frank Wall Street Reform and Consumer Protection Act (CFPA) directly addresses its own preemptive effect on State law and amends the National Bank Act to clarify the standards that apply to...
View ArticleNinth Circuit Dismisses Claims Under the CCRAA
In Carvalho v. Equifax Information Services, LLC, No. 09-15030, 2010 W.L. 3239477 (9th Cir., Aug. 18, 2010), the Ninth Circuit affirmed a lower court’s grant of summary judgment dismissing Plaintiff’s...
View ArticleFourth Circuit Holds State Law Claims Preempted by FCRA Because Sloppy...
In Ross v. Federal Deposit Insurance Corp., No. 08-1851, 2010 WL 4261819 (4th Cir. Oct. 29, 2010), the U.S. Court of Appeals for the Fourth Circuit affirmed the grant of summary judgment in favor of...
View ArticleFifth Circuit Affirms Dismissal FDCPA Claims
In Castro v. Collecto, Inc., No. 09-50975, 2011 WL 651921 (5th Cir. Feb. 24, 2011), the Fifth Circuit affirmed the dismissal of the plaintiffs’ Fair Debt Collections Practices Act (“FDCPA”) claims,...
View ArticleNinth Circuit Issues Ruling on Limitations of Preemption
This week, the U.S. Court of Appeals for the Ninth Circuit ruled that the Rees-Levering Act (also known as the California Automobile Sales Finance Act), a California law regulating debt collection and...
View ArticleThe Ninth Circuit Permits Cumulative Recovery Under the FDCPA and...
The recent Ninth Circuit decision, Gonzalez v. Arrow Financial Services, LLC, — F.3d —, 2011 WL 4430844 (9th Cir Sept. 23, 2011), addresses several issues relating to claims brought under the Fair...
View ArticleDodd-Frank Did Not Materially Change National Bank Act Preemption Standards
The Dodd-Frank Wall Street Reform and Consumer Protection Act did not materially change the National Bank Act preemption standards, according to Iowa federal judge James E. Gritzner. In U.S. Bank...
View ArticleRinging in the New Year in 2013: California’s Homeowner's Bill of Rights Law...
Dubbed as the “Homeowner’s Bill of Rights,” on July 11, 2012, California Governor Jerry Brown signed into law AB 278/SB 900 marking the first U.S. state to adopt into law the residential mortgage...
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U.S. Supreme Court Hears Natural Gas Case in Which 21 State AGs File Brief
On Monday, January 12, the U.S. Supreme Court will hear oral argument in the preemption case, Oneok v. Learjet. In reliance on state law private action remedies, Learjet sued Oneok over market...
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