Search for: "Ernest Wagner"
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15 Feb 2019, 9:05 am
In so ruling,… Ernest Wagner [read post]
22 Feb 2019, 7:47 am
Court of Appeals for the Seventh Circuit reversed a trial court judgment in favor of a borrower and against a debt collector, and ruled that reporting to a credit reporting agency that a debtor owed nine unpaid bills of $60 instead of one… Ernest Wagner [read post]
26 Feb 2019, 12:31 pm
Court of Appeals for the Seventh Circuit affirmed a trial court judgment in favor of an online real estate marketplace company and against the sellers of real property, finding that an estimate on the website of their property’s value did not violate the… Ernest Wagner [read post]
15 Jan 2019, 8:10 am
In so ruling, the Supreme Court… Ernest Wagner [read post]
16 Apr 2019, 7:19 am
Court of Appeals for the Fifth Circuit recently held that a mortgage servicer only had to comply with the federal Real Estate Settlement Procedure Act (RESPA) requirements regarding loss mitigation applications once when the servicer had already provided the same reasons for the… Ernest Wagner [read post]
10 May 2019, 10:30 am
The Appellate Court of Illinois Fifth District affirmed the dismissal of a borrower’s alleged putative class action alleging that the successor to a credit card issuer violated various state and federal laws when it filed suit to collect the debt past the four-year statute of… Ernest Wagner [read post]
12 Aug 2019, 12:12 pm
Court of Appeals for the Eighth Circuit recently reversed a trial court order dismissing a plaintiff’s complaint for lack of standing, holding that the plaintiff properly alleged an injury in fact because it claimed an economic harm to it that was concrete and… Ernest Wagner [read post]
7th Cir. Holds Plaintiff’s Settlement of Parallel Claim Against Another Defendant Mooted FDCPA Claim
6 Sep 2018, 2:09 pm
Court of Appeals for the Seventh Circuit recently reversed a judgment against a debt collector, finding that the plaintiff’s settlement with the creditor for the same indivisible injury mooted the plaintiff’s federal Fair Debt Collection Practices Act (FDCPA) claims for statutory damages, attorneys’… Ernest Wagner [read post]
22 Aug 2017, 4:59 am
Court of Appeals for the Eleventh Circuit recently affirmed a summary judgment ruling in favor of a mortgage servicer, holding that the servicer had no duty to respond to a Qualified Written Request (“QWR”) under the federal Real Estate Settlement Procedures Act (RESPA) because the borrower failed to send the QWR to the […] Ernest Wagner [read post]
1 May 2019, 8:11 am
Court of Appeals for the Eighth Circuit affirmed a trial court’s judgment against a guarantor holding that a guaranty signed upon the advice of his financial advisor was binding even if he did not know the amount of the debt because he understood… Ernest Wagner [read post]
2 Aug 2019, 9:08 am
Court of Appeals for the Seventh Circuit recently held that a blind plaintiff lacked standing to sue under the Americans with Disabilities Act (ADA) for alleged accessibility problems with a credit union’s website because he could not establish an injury in fact as… Ernest Wagner [read post]
7 Jan 2019, 8:41 am
A copy of the… Ernest Wagner [read post]
22 Aug 2018, 9:14 am
Court of Appeals for the Eighth Circuit held that a plaintiff lacked standing to pursue an alleged violation of the Telephone Consumer Protection Act (TCPA) against a defendant that supposedly did not provide a proper opt-out notice in its advertisement faxes because the… Ernest Wagner [read post]
8 Mar 2019, 6:37 am
… Ernest Wagner [read post]
15 Jul 2019, 7:39 am
Court of Appeals for the Second Circuit affirmed the dismissal of a case for lack of jurisdiction because when the plaintiffs withdrew their class action allegations in an amended complaint, the withdrawal divested the court of jurisdiction under the federal Class Action Fairness… Ernest Wagner [read post]
15 Mar 2019, 5:58 am
A copy of the opinion in Trinity 83 Development,… Ernest Wagner [read post]
14 Nov 2018, 7:18 am
Court of Appeals for the First Circuit recently held that, at least under the Massachusetts version of the UCC, automobile post-repossession and post-sale notices must expressly advise the borrower that any deficiency will be calculated using the difference between the amount owed on… Ernest Wagner [read post]
30 Apr 2020, 9:25 am
Ernest Wagner [read post]
4 Dec 2017, 7:49 am
Accordingly, Read more → Ernest Wagner [read post]
30 Jun 2017, 10:22 am
In so ruling, the […] Ernest Wagner [read post]
