13 September, 2023 Three myths surrounding the Consumer Financial Protection Bureau’s constitutional legitimacy plight By Jenny Lee This article is the second in a three-part series addressing a seminal Fifth Circuit case now pending before the U.S. Supreme Court. The...
03 August, 2023 Three myths surrounding the Consumer Financial Protection Bureau’s plight for constitutional legitimacy By Jenny Lee This article is the first in a three-part series addressing a seminal Fifth Circuit case that is now pending before the U.S. Supreme...
06 April, 2023 New Milestones in Commercial Lending Regulation: CFPB and States Ramp Up Scrutiny By Jenny Lee Will Atherton There is a broader trend in financial regulatory developments to implement traditionally consumer-style borrower protections in...
20 January, 2023 FINRA’s 2023 Priorities and Examination Findings Report from Monthly SIFMA Luncheon By John Lukanski Kiran Somashekara Pawel Maziarz FINRA’s 2023 Priorities and Examination Findings was the topic of discussion at SIFMA’s first monthly luncheon of 2023. Reed Smith...
07 December, 2022 A few additional thoughts… on the regulatory response in the wake of the FTX bankruptcy By Jenny Lee Mark Bini We recently had a chance to speak to The Independent and Forbes for articles on the impending regulatory response to the FTX bankruptcy,...
01 December, 2022 No junk data: CFPB Advisory Opinion fleshes out “maximum possible accuracy” for purposes of deciding FCRA violations By Jenny Lee Austin Skelton A new CFPB advisory opinion drills down on what consumer reporting agencies must do to address discrepancies in consumers’ credit...
20 December, 2021 Lender and Servicer Defenses to FDCPA Claims By Andrew Messite James Faller Ruhi Behal Where plaintiffs assert civil claims alleging violations of the Fair Debt Collection Practices Act (the “FDCPA”), 15 U.S.C. §§...
19 November, 2021 Second Circuit Reverses Course Post-TransUnion, Finds No Standing in Unrecorded Mortgage Discharge Class Action By Diane Bettino David Murphy On November 17, 2021, on its review en banc of its prior decision, the United States Court of Appeals for the Second Circuit changed its...
19 October, 2021 De-Acceleration Notices, Post-Engel By Andrew Messite Michael Margarella In the wake of the Court of Appeals’ landmark decision in Freedom Mortgage v. Engel, 2021 NY Slip Op 01090 (2021), the Second Department...
27 August, 2021 Supreme Court Declares CDC Eviction Moratorium Unconstitutional By Diane Bettino Greyson Van Dyke Late Thursday evening, the Supreme Court of the United States issued an opinion to reinstate a court order blocking the Centers for...
07 July, 2021 Agency Director Ousted Immediately Following the Supreme Court’s Ruling that the FHFA’s Structure to be Unconstitutional By Greyson Van Dyke In a 7-2 decision, the Supreme Court of the United States ruled that the Federal Housing Finance Agency’s (“FHFA”) statutory structure,...
28 June, 2021 New Settlement Exhibits CFPB’s Continued Focus on Transparency for Short-Term Loans By Andrew Messite Natsayi Mawere Rebecca Tesfaye The Consumer Financial Protection Bureau (“CFPB”) recently took aim at Driver Loan LLC (the “Company”), a company which frequently offers...
26 April, 2021 Strict Foreclosure and Reforeclosure – Options in Foreclosing on Omitted Parties By Andrew Messite Michael Margarella “The absence of a necessary party in a foreclosure action leaves that party’s rights unaffected by the judgment and sale, and the...
07 April, 2021 CPLR 3216 Dismissal Demands Compliance from All – Courts Included By Andrew Messite James Faller As vaccination rates increase, holds on foreclosure actions expire, and the courts slowly return to addressing their largely frozen...
01 April, 2021 SCOTUS Unanimously Reverses Ninth Circuit in Facebook v. Duguid, Limits TCPA Autodialer Definition By Diane Bettino David Murphy On April 1, 2021, the Supreme Court of the United States issued its highly anticipated decision in the Facebook Inc. v. Duguid matter. ...
26 March, 2021 To Forgive or Not to Forgive a CPLR 3215(c) Violation in a Residential Mortgage Foreclosure By Andrew Messite Kerren Zinner CPLR 3215(c) requires a plaintiff to take proceedings for entry of judgment within one year of default or face dismissal of the action as...