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14 Jun, 2007 6:00 am
Three recent federal decisions discuss the CLRA and its applicability to extensions of credit: Van Slyke v. Capital One Bank, 2007 WL 1655641 (N.D. Cal. June 7, 2007) Jefferson v. Chase Home Finance LLC, 2007 WL 1302984 (N.D. Cal.
May 3, 2007) Augustine v. FIA Card Servs., N.A., ___ F.Supp.2d ___, 2007 WL 1176226 (E.D. Cal. Apr. 20, 2007) For more decisions on that subject, see this blog post.
4 Mar 11:46 am
Capital One Bank and the credit reporting agencies
(Equifax, Experian and TransUnion) recently settled with our client who was the victim of identity theft. It took years for the identity theft victim to get Capital One to stop ... our client at her former college apartment. Someone in the building got the application from
the mail and used it to get a VISA card from Capital One in our client's name. The imposter took $500
from the account, but Capital One quickly learned the account was fraudulent ...
6 Oct, 2008 1:07 pm
... you receive a collection call about a debt you know was discharged. In this instance, no imagination is needed. Capital One Bank may be trying to collect your discharged debt. ... accounts. The settlement says that if more than 100
erroneous claims are found in one year then the audit period will be extended. The settlement has to be approved by the U.S. ...
collects-discharged-debts-gets-caught-pays-big%2F'; addthis_title = 'Capital+One+Collects+Discharged+Debts%2C+Gets+Caught%2C+Pays+Big'; addthis_pub ...
19 Mar, 2007 5:21 am
... 2004, plaintiff Ball filed a class action in California state court against various Capital One
entities alleging that certain provisions of defendants' credit card contracts constituted unlawful business practices. McAtee v. Capital
One, F.S.B., ___ F.3d ___ (9th Cir. March 16, 2007) [Slip Opn., 2 ... Ball filed the original class action complaint, id., at 4. Following
remand, McAtee amended the complaint to add Capital One Bank as a party-defendant and dismissing the original Capital ...
4 Dec, 2008 6:57 pm
... loans). Mayer Brown advised Chevy Chase throughout the transaction process, which at one point involved Citigroup, according to this story
in the Associated Press. The AP and others ... Brown. Anenberg did regulatory work on the deal, always a challenge when one bank acquires another; Capital One, which had about $99 billion in
deposits before acquiring ... bought New Orleans-based Hibernia Corp. in 2005 and North Fork Bank, based in the New York/New Jersey region, in
2006. Partners Philip Kardis and ...
19 Feb, 2007 3:11 am
Everyone has seen the Capital One TV commercials that convey the impression that cashing in points
you have earned for a free trip with other banks' credit cards is nearly impossible. Whatever date you want, "the answer is always 'no'." [Watch commercial.] The ... half what
Capital One requires. Providian's "Real Rewards" card earns a point per dollar spent, and
one can get a $500 ticket for only 20,000 points. [Card no longer available to new applicants.] Both ...
28 Mar, 2007 6:00 am
... (9th Cir. Mar. 6, 2007), at this post. Here are the two others: In Lowdermilk v. United States Bank, NA, ___ F.3d ___ (9th Cir. Mar. 2,
2007), the court addressed the ... relief in the complaint." Slip op. at 2. Judge Kleinfeld filed a dissenting opinion. In McAtee v. Capital
One, F.S.B., ___ F.3d ___ (9th Cir. Mar. 16, 2007), the court addressed an issue very similar to the one raised in Progressive West. Both cases addressed what kinds of amendments to the complaint "commence" a new action for ...
20 Aug, 2007 8:28 pm
... a featured guest on the "Insider Exclusive's" "Southern California's Premier Law Firms " TV Show. Hence his interest in this story about how Capital One Financial Corp. said Monday it will cut 1,900 jobs and shutter its wholesale mortgage banking
business, a move that comes as lenders continue to struggle in the nation's housing and mortgage markets. Capital One said it will shut down GreenPoint Mortgage and eliminate most of the jobs by the ...
27 Oct, 2008 12:15 pm
KeyCorp, Capital One Financial and Huntington Bancshares each said they had been approved to receive
capital infusions under the Treasury Department's program intended to open up the credit markets. Capital One said it would sell a $3.6 billion stake, KeyCorp a $2.5 billion stake and Huntingon Bankshares a $1.4
billion stake. City National Bank of Beverly [...]
7 Aug, 2007 2:03 pm
Capital One Financial, a credit card issuer and banking company, said on Tuesday it agreed to
buy NetSpend Holdings, a marketer of prepaid debit cards, for $700 million in cash. The transaction is not expected to have a material impact on Capital One's earnings per share until 2009. Excluding integration costs, the deal could increase earnings [...]
28 Jun, 2008 10:01 pm
Jay Fleischman, an expert at making credit card banks behave themselves, recently posted an article describing another win for the consumer. In How Long Does A Creditor Have To
Sue On A Debt? Jay describes how the foreign law provisions of the credit card agreement were enforced against Captital One ...
6 Aug 4:11 pm
... Island, NY. Edward Aukstolis, who resides on Miriam Ave in Plainview, was caught mid-robbery at the Capital One Bank on Old Country Road near his home in Plainview. Aukstolis went into the bank and handed the teller a note demanding money. Although the teller handed him the money, ... police. While Aukstolis was waiting for his money, the Nassau
County Police were able to apprehend the man. Luckily, no one was injured. Once in police custody, Aukstolis was tied to another
Capital One ...
13 Jul, 2007 10:00 am
... the opponent -- a court is empowered to relieve the defaulter of the consequences of its excusable nonappearance provided that the request "is made within one year after service of a copy of the judgment or order with written notice of its entry upon the moving party." [CPLR 5015( ... triggered and a party is
free seek to have its default vacated at any point in time. In Capital One Bank v. Roman, Capital One Bank
(COB) entered a default judgment against the Romans. Since it was unclear whether the ...
16 Apr, 2008 1:21 pm
... Must an offer of credit be valuable to all or most recipients? * * * 2. Does a promise of "free" merchandise mean that an offer is not one
"of credit"? * * * 3. Must the initial flyer contain all material terms? * * * 4. Does a power to vary the deal's terms ... the district court held that the omission of a minimum line
of credit is compatible with a "firm offer of credit" and entered judgment for Capital One
Bank. 2007 U.S. Dist. LEXIS 37796 (E.D. Wis. May 22, 2007). We agree with this conclusion ...
13 Sep 11:30 am
... , and capital requirements for Tier 1 FHCs should be higher than capital requirements for other
banking firms. This clear principle is supplemented with one specific policy recommendation. The Gramm-Leach-Bliley Act requirements for
... during the examination process. The Policy Statement proposes the creation of a liquidity regulation regime independent from the regulatory capital regime. The liquidity regulations would be designed to accomplish two goals: Enhancing the short-term resiliency of ...
18 Nov, 2008 8:16 pm
... declared for such dividend period), and shall be subject to the approval of the appropriate Federal Banking Agency. Following the redemption in whole of the Designated
Preferred Stock held by the Treasury, the financial ... _________________________________ So far so good. By November 14, 2008 an additional 21 banks had received quite a bit of
money. These included: 11/14/2008 ... w/Warrants $3,500,000,000 at Par 11/14/2008, Capital One
Financial Corporation, McLean VA: Purchase Preferred Stock w/Warrants ...
10 Mar 10:48 am
... their job in a way that allows the individual tailoring necessary to encourage strong bank managements and deal appropriately with weaker
ones. Talk of nationalization, moreover, is not helpful because it indiscriminately undermines public and investor ... government. • The government response has included targeted
interventions in individual institutions; injections of capital into banks that, up until now, have remained largely successful in
preventing further catastrophic meltdowns after Lehman ...
20 Dec, 2006 10:16 pm
... by more than half, to $166 million. The Federal Deposit Insurance Corp. lists just one bank as
"critically undercapitalized," and with all of its capital ratios negative at the end of the third quarter, analysts said they suspected nBank
to be that one ... We als thought that the FDIC might not be as amenable to giving even "critically undercapitalized" institutions much time to
raise capital levels before it pulled the plug. It appears that the FDIC doesn't want to ruin its streak of more than 900 ...
13 Aug, 2008 6:51 pm
... one group of (investment and indirectly the money center) banks, we observe one set of
criteria for Schumpeter's creative destruction, the great cleanser of capitalism. For the community banks, we have another set of rules. For investment ... crisis brought
on not by the markets but by the well intentioned regulators hoping to protect the system. Ironically, the community banks with more direct regulatory oversight have their
liquidity options diminished by such regulation, and the investment banks ...
5 May 10:34 am
... must own at least $10bn in certain mortgage-backed securities and residential mortgage-backed securities. This high bar is one that some of
the banks burdened with toxic paper will meet but that some large hedge funds active in this area will be unable to ... by banks on the buying side could provide them with
significant profits, and thus would strengthen their capital positions. But transferring value to banks holding troubled assets in order
to bolster their capital should not be a goal of the ...
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