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10 Oct 2019, 10:41 am by Eric Tsai
In so ruling, the Ninth Circuit held: When a notice of removal plausibly alleges… Eric Tsai [read post]
1 Oct 2018, 7:39 am by Eric Tsai
Court of Appeals for the Eighth Circuit held that a plaintiff could not defeat federal jurisdiction under the Class Action Fairness Act based on a pre-class certification damages stipulation limiting attorney’s fees to ensure that the amount in controversy remained under CAFA’s $5… Eric Tsai [read post]
10 Jun 2018, 6:25 pm by Eric Tsai
Court of Appeals for the Ninth Circuit recently held that: (1) the credit reporting agency’s reporting of short sales was not inaccurate or misleading, even though it knew that… Eric Tsai [read post]
4 Dec 2018, 8:18 am by Eric Tsai
§ 224.77 because the borrower could not prove that the servicer’s alleged failure… Eric Tsai [read post]
9 May 2016, 5:11 am by Eric Tsai
District Court for the Northern District of California recently held that an amendment to the federal Telephone Consumer Protection Act (TCPA) enacted as part of the Bipartisan Budget Act of 2015 applies to calls made in 2014 “solely to collect a debt owed to or guaranteed by the United States,” and therefore granted […]Eric Tsai [read post]
13 Feb 2018, 7:31 am by Eric Tsai
The Court of Appeal of California, First District, recently held that an assignee of the original beneficiary of a deed of trust, as the current holder of an obligation, has the right under California Civil Code § 2941(b)(6) to prove damages against the title company that allegedly recorded a release of the deed of trust Read more → Eric Tsai [read post]
4 Nov 2018, 6:22 am by Eric Tsai
Court of Appeals for the Eleventh Circuit recently affirmed a class settlement where the defendant allegedly violated the federal Fair and Accurate Credit Transactions Act (FACTA) by printing point-of-sale credit card receipts that included more than the last five digits of the card… Eric Tsai [read post]
16 Aug 2019, 5:31 am by Eric Tsai
Court of Appeals for the Second Circuit recently affirmed the dismissal of a claim under the federal Fair Debt Collection Practices Act holding that an FDCPA violation occurs, for the purposes of the FDCPA’s one year statute of limitations, when an individual is injured… Eric Tsai [read post]
13 Jun 2016, 7:27 am by Eric Tsai
As an example of the conflicting and contrasting court rulings on the effect of surrender in bankruptcy (see our prior update), the District Court of Appeal of the State of Florida, Fifth District, recently dismissed a borrower’s appeal from a final judgment of foreclosure because the borrower admitted during the course of his bankruptcy proceeding […]Eric Tsai [read post]