Search for: "Jeffrey Karek" Results 41 - 60 of 70
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14 Sep 2018, 6:05 am by Jeffrey Karek
Court of Appeals for the Fifth Circuit held that a civil investigative demand (CID) issued by the Consumer Financial Protection Bureau did not adequately advise the respondent of the nature of the conduct constituting the alleged violation under investigation and the provision of… Jeffrey Karek [read post]
29 Mar 2019, 6:49 am by Jeffrey Karek
Court of Appeals for the Second Circuit held that a debt collection letter that informs the consumer of the total, present quantity of his or her debt satisfies section 1692g of the federal Fair Debt Collection Practices Act (FDCPA) notwithstanding its failure to… Jeffrey Karek [read post]
27 Sep 2017, 7:31 am by Jeffrey Karek
The Illinois Appellate Court for the First District recently held that the trial court correctly affirmed a judicial sale and denied a motion to reconsider where an intervenor and alleged owner of the property claimed the mortgage was wiped out by the death of the sole mortgagor, who was only a joint tenant in the Read more → Jeffrey Karek [read post]
14 Aug 2019, 6:56 am by Jeffrey Karek
Court of Appeals for the Ninth Circuit held that where a company sent dispute letters to a credit reporting agency on behalf of a consumer, but the consumer did not identify the items to be disputed, review the letters, or otherwise play any… Jeffrey Karek [read post]
30 May 2019, 7:31 am by Jeffrey Karek
Court of Appeals for the Second Circuit held that even if a class action case is brought pursuant to a fee-shifting statute, common-fund principles control fee awards authorized from a common fund, and a common-fund fee award may be calculated as the lodestar… Jeffrey Karek [read post]
4 Aug 2018, 5:39 am by Jeffrey Karek
Court of Appeals for the Sixth Circuit recently held that a debtor’s claim seeking to use a bankruptcy trustee’s § 544(a) strong-arm power to avoid a mortgage on the ground that it was never perfected did not require appellate review of the state… Jeffrey Karek [read post]
10 Jan 2019, 9:06 am by Jeffrey Karek
Court of Appeals for the Ninth Circuit held that a putative class action against state entities and a private contractor for allegedly collecting and sharing personal data without authorization was essentially a local controversy and was therefore correctly remanded… Jeffrey Karek [read post]
17 Jul 2018, 9:02 am by Jeffrey Karek
Court of Appeals for the Sixth Circuit recently held that a consumer plaintiff’s breach of contract claim against a defendant bank failed where the bank processed the consumer’s transactions in accordance with the terms of the agreement with the consumer, even though the… Jeffrey Karek [read post]
6 Apr 2017, 7:22 am by Jeffrey Karek
Reversing a trial court’s ruling in favor of a condominium association and against a mortgagee, the Appellate Court of Illinois, First District, recently held that the Illinois Condominium Property Act’s (“Condo Act”) provision creating a mechanism to extinguish liens for pre-foreclosure common expense assessments does not create a timing requirement as to when common expense […] Jeffrey Karek [read post]
13 Mar 2017, 6:57 am by Jeffrey Karek
Accordingly, the Eleventh Circuit affirmed the federal trial court’s denial of the plaintiffs’ motion to remand the matter to […] Jeffrey Karek [read post]
5 Mar 2018, 5:56 am by Jeffrey Karek
Court of Appeals for the Third Circuit held that a collection letter sent to collect a time-barred debt that makes a “settlement offer” to accept payment “in settlement of” the debt could potentially violate the federal Fair Debt Collection Practices Act’s (FDCPA) general prohibition against “any false, deceptive, or misleading representation or means Read more → Jeffrey Karek [read post]
29 Dec 2017, 9:37 am by Jeffrey Karek
Court of Appeals for the Sixth Circuit recently held that the insurance policy’s two-year limitations provision did not apply to a claim brought under section 500.2006(4) of Michigan Complied Laws because it was not a claim “under Read more → Jeffrey Karek [read post]
26 Apr 2017, 6:34 am by Jeffrey Karek
Therefore, the Court held, the debt collectors’ dunning letters demanding the principal sums owed and 5 percent per annum interest did not violate the federal […] Jeffrey Karek [read post]