What standard should courts use to determine whether information contained in a consumer’s credit report is inaccurate or misleading? According to the Third Circuit in a recent precedential decision, the standard should be that of the “reasonable reader,” not a “reasonable creditor,” i.e., not an individual or entity sophisticated in the art of reading
In a July 15 published decision, the Fourth Circuit reversed a West Virginia District Court’s ruling against a mortgage servicer in a purported class action, holding that merely sending a notice of rescission under the Truth in Lending Act (TILA), 15 U.S.C. 1635, et seq., does not immediately rescind the loan and relieve the borrower
On February 22, the Fourth Circuit clarified in a published opinion what communications constitute a qualified written request (QWR) under the Real Estate Settlement Procedures Act (RESPA). The Fourth Circuit held that “where a written correspondence to a loan servicer provides sufficient information to identify the account and an alleged servicing error, such correspondence is
In a panel decision on April 21, the Eleventh Circuit held that (1) a consumer had standing to bring a claim under the Fair Debt Collection Practices Act (FDCPA) because he alleged an invasion of privacy based on the spread of his debt-related information; and (2) a debt collector’s outsourcing of its letter process to
We are pleased to announce that Troutman Pepper attorneys Ashley Taylor and John Lynch will be presenting during the virtual MBA Live – Legal Issues and Regulatory Compliance Conference 2021. This conference offers timely updates on emerging regulatory priorities resulting from the change in administration, including the delay of the mandatory compliance date of the
2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and stay ahead of the compliance curve.
In this report, we share developments in 2020 on consumer class actions, background screening, bankruptcy,
Troutman Pepper represented the defendant/appellee in Wanda Daughtry, et al v. Jeffrey Nadel, a case in which the appellants argued that a foreclosure action filed six years after the borrowers defaulted was time-barred. The case concerned whether Maryland’s default three-year statute of limitations for “actions at law” applied to a foreclosure action. The Court
The U.S. Supreme Court heard oral argument today in Duguid v. Facebook to decide, once and for all, whether an automatic telephone dialing system (ATDS), as defined in the Telephone Consumer Protection Act (TCPA), requires a random or sequential number generator.
Background
In its late 2018 Marks decision, the Ninth Circuit found that storage of
Thursday, November 12, 2020 • 2:00 – 3:00 p.m. ET
On October 30, 2020, the CFPB released its long-awaited final debt collection rule—also known as Regulation F. This webinar – led by attorneys David Anthony, Jonathan Floyd, John Lynch, Ethan Ostroff, and Alan Wingfield – will discuss important takeaways for the debt collection industry and
We are pleased to announce that Troutman Pepper attorney, John Lynch, will be presenting during the virtual MBA LIVE – Regulatory Compliance Conference 2020. John will be speaking on the FCRA Litigation Forum on November 9, 2020 from 2:00 – 2:25pm ET.
This conference addresses up-to-the-minute regulatory changes and developments that impact how mortgage companies