Posts from October 2015.
On October 14, 2015, the United States Supreme Court heard oral argument in Campbell-Ewald Company v. Gomez, 14-SC-857. The plaintiff in Gomez alleged he received an unsolicited marketing text message advertising the US Navy from the marketing firm Campbell-Ewald Company in violation of the Telephone Consumer Protection Act ("TCPA"). The plaintiff sued on the Campbell-Ewald Company on behalf of himself and a putative class. The facts of the case present a classic example of an effort to "pick off" a putative class representative with an offer of judgment under Rule 68 ...
Posted in: TCPA, U.S. Supreme Court
Tags: burr forman, Campbell-Ewald Company, Consumer Finance Litigation, Consumer Finance Litigation & Arbitration, Consumer Finance Litigation blog, Gomez, Ninth Circuit Court of Appeal, Picking Off, tcpa, telephone consumer protection act, US Navy
Standing is one of the top issues in foreclosure case law. So it comes as no surprise that the issue of standing is also a common focal point for discovery disputes in foreclosures. It has become common foreclosure defense practice to issue extremely broad discovery regarding the lender's standing. Often the defendant will request any documents relating to any assignment of the note and mortgage during the life of the loan. Many have maintained that when the lender's standing is predicated on having physical possession of the properly endorsed promissory note, and not collateral ...
Posted in: Florida, Foreclosure
Tags: burr forman, Consumer Finance Litigation, Consumer Finance Litigation & Arbitration, Consumer Finance Litigation blog, CQB v. Bank of New York Mellon, florida, Florida's First District Court of Appeal, foreclosure, foreclosure case law, standing discovery
It's finally here. Over the weekend, the Consumer Financial Protection Bureau's (CFPB) long awaited and oft delayed integration of the disclosures required by the Federal Truth in Lending Act (TILA) and Real Estate Settlement Procedures Act (RESPA) known as the TILA-RESPA Integrated Disclosure or "TRID" for short, became effective. TRID applies to most closed-end consumer credit transactions secured by real property. Specifically, TRID applies to those who did not close on their loans, or who applied for a loan, on or after Saturday October 3, 2015. For those covered, TRID means ...
Tags: burr forman, cfpb, Consumer Finance Litigation, Consumer Finance Litigation & Arbitration, Consumer Finance Litigation blog, Consumer Financial Protection Bureau, Federal Truth in Lending Act, Real Estate Settlement Procedures Act, respa, tila, TILA-RESPA Integrated Disclosure, TRID