Andrew Soven, Dan Booker and Molly Campbell secured a precedential Third Circuit victory of a putative class action asserted against firm client M&T Bank Corp. and its subsidiaries claiming that, under the Real Estate Settlement Procedures Act (“RESPA”) and unjust enrichment, M&T operated an illegal captive reinsurance scheme. Originally filed in the U.S. District Court
RESPA
Settlement Offer Does Not Moot Class Action
By Ashley Shively on
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…
2nd Circuit Holds “Informational” Letter Sent in Attempts to Comply with REPSA was an Attempt to Collect Debt that Could Violate FDCPA
By Heather Cantua Phillips on
On August 12, 2015, the Second Circuit revived a putative class action alleging FCI Lender Services Inc. sent notices to mortgage borrowers appearing to initiate debt collections that did not comply with the Fair Debt Collections Practices Act.
FCI took over servicing of plaintiff’s and other mortgages from GMAC Mortgage LLC in 2012. Soon after,…