When Did Education Become a Consumer Financial Service?
The mission of the Consumer Financial Protection Bureau (“CFPB”) is to “regulate the offering and provision of consumer financial products or services under the Federal consumer financial laws.” See 12...
View ArticleThe Beukes Decision: A Helpful Clarification Regarding the Right of Rescission
The Eighth Circuit's recent decision in Beukes suggests two key take-away lessons regarding a lender’s options if the lender disputes the borrower’s right to rescind.
View ArticleJesinoski Update: TILA Rescission in a Post-Jesinoski World
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...
View ArticleEleventh Circuit Holds that Borrower’s TILA Claims Are Subject to Agreement’s...
The Eleventh Circuit Court of Appeals recently held that a borrower’s Truth-in-Lending-Act (“TILA”) claim fell within the scope of a loan agreement’s forum selection clause.
View ArticleTax Lien on Me: Fifth Circuit Holds the Transfer of a Tax Lien is not Subject...
On April 29, 2016, the United States Court of Appeals for the Fifth Circuit held that the transfer of a tax lien does not constitute an extension of “credit” subject to the protections of the Truth in...
View Article“Nonbank” Lender Seeks Injunction Restraining CFPB Administrative Action
On May 9, 2016, Integrity Advance, LLC and its CEO James Carnes filed suit against the Consumer Financial Protection Bureau (“CFPB”) in United States District Court for the District of Columbia seeking...
View ArticleWho is a Mortgage Broker? Just Ask the Fed.
The United States Court of Appeals for the Second Circuit recently affirmed a magistrate judge’s decision in the District Court for the Eastern District of New York to dismiss a complaint brought under...
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