Archives: Loss Mitigation/Debt Collection Issues

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Settlement Offer Does Not Moot Class Action

In a 6-3 decision issued today, the Supreme Court ruled that defendants cannot rely on a strategic offer of judgment to the named plaintiff to moot the claims of the putative class. After an unfavorable Ninth Circuit decision, U.S. Navy contractor Campbell-Ewald asked the high court to consider, inter alia, whether defendants can strategically offer … Continue Reading

CFPB Moves to Ban Class Action Waivers in Consumer Financial Services Contracts

In a move long anticipated by the industry, the Consumer Financial Protection Bureau (CFPB) on October 7, 2015 proposed to ban class action waivers in consumer financial contracts. Although the proposed ban would not take effect for a few years, it could lead to an increase in consumer class action lawsuits—some of which  have been … Continue Reading

Four Banks Agree On Messaging Platform Requirements

In October 2014, 15 financial institutions created a cloud-based financial messaging platform, known as Symphony Communications Services LLC, to allow for secure communications between them. Regulators, including the New York Department of Financial Services, became concerned that Symphony’s encryption and privacy settings would prevent investigators from catching improper trading activities. However, on September 14, 2015, … Continue Reading

California Supreme Court Issues Ruling in Sanchez v. Valencia Holding Company, LLC

On August 3, 2015, the California Supreme Court issued a long-awaited opinion that provides further clarity on the standard of unconscionability needed to invalidate an arbitration agreement. The court determined that its prior formulations of unconscionability, characterized by the terms “overly harsh,” “unreasonably favorable” or “shock the conscious,” were essentially similar. And the court concluded … Continue Reading

11th Circuit Says Statute of Limitations not Tolled by Earlier TCPA Suit

On August 3, 2015, the Eleventh Circuit ruled that a class action accusing Bob Wines Nursery Inc., of sending unsolicited faxes didn’t suspend the statute of limitations for a later-filed action, rejecting Plaintiff’s argument that because the first action never ruled on the class certification, the limitations was tolled. In January 2010, Plaintiff Aero filed … Continue Reading
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