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Mortgage purchaser can be sued under Fair Debt Act 

Published: May 2, 2012

Tags: debt collection, Fair Debt Collection Practices Act

A mortgage purchaser may be a “debt collector” liable for violations of the federal Fair Debt Collection Practices Act, the 6th Circuit has ruled in reversing a dismissal.

Auto lessor waived arbitration rights 

Published: May 1, 2012

Tags: arbitration, consumer protection

An automobile lessor waived its right to enforce an arbitration clause in its lease agreement by actively participating in its lessee’s consumer protection lawsuit for four months before requesting a stay of proceedings, the California Court of Appeal has ruled in affirming judgment.

Police may be sued for releasing mentally ill detainee 

Published: May 1, 2012

Tags: civil rights, qualified immunity, §1983

Police officers who arrested a woman who exhibited symptoms of a mental health disorder in a safe location but released her into a dangerous neighborhood may be sued under §1983, the 7th Circuit has ruled.

Court reporters’ suit against lawyers not barred by anti-SLAPP statute 

Published: May 1, 2012

Tags: anti-SLAPP statute, breach of contract

A suit brought by court reporters against lawyers who protested court reporting fees on behalf of their clients is not barred under the state anti-SLAPP statute, the California Court of Appeal has ruled.

2nd Circuit ruling ends confusion for securities attorneys 

By: David Frank
Published: April 27, 2012

Tags: 2nd Circuit, domestic transaction, U.S. Supreme Court

Securities lawyers say a 2nd Circuit ruling defines for the first time the meaning of “domestic transaction” under a test laid out by the U.S. Supreme Court in its landmark 2010 Morrison v. National Australia Bank Ltd. decision.

Non-compliant plan is exempt in bankruptcy 

Published: April 27, 2012

Tags: Chapter 7, Internal Revenue Code, Keough retirement plan, retirement plan

A retirement plan that was not technically “tax qualified” under federal law is exempt from the taxpayer’s bankruptcy estate, the 10th Circuit has ruled in applying Utah law.

Mayor’s employee can sue under First Amendment 

Published: April 26, 2012

Tags: civil rights, First Amendment, public concern

A mayor who prohibited one of his employees from talking to a former employee about a lawsuit she might file against the city can be sued under the First Amendment, the 6th Circuit has ruled in affirming a denial of qualified immunity.

CFPB opens public inquiry on use of arbitration clauses 

Published: April 26, 2012

Tags: arbitration, Consumer Financial Protection Bureau, mandatory arbitration

WASHINGTON – The Consumer Financial Protection Bureau wants to know what you think about arbitration clauses.

The Bureau kicked off an effort to study the effects of arbitration clauses in credit card agreements, mortgage contracts and other financial products by opening public comment on the issue.

ABA voices concern over CFPB regulation on confidentiality 

Published: April 24, 2012

Tags: ABA, Consumer Financial Protection Bureau, work-product privilege

WASHINGTON – The American Bar Association is objecting to language in a proposed rule from the Consumer Financial Protection Bureau governing confidential treatment of information obtained from persons in connection with the exercise of the agency’s authority.

Home borrower can’t sue to enforce HAMP rights 

Published: April 24, 2012

Tags: consumer protection, Emergency Economic Stabilization Act of 2008, HAMP, Home Affordable Modification Program, mortgage modification

A home borrower did not have a private right of action to sue his lender for failing to grant him a permanent loan modification under the federal Home Affordable Modification Program (HAMP), the 11th Circuit has ruled in affirming a dismissal.