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4th Circuit: Insurer Properly Denied Coverage Of Convicted Executive
RICHMOND, Va. - Criminally convicted former Taylor Bean and Whitaker Mortgage Corp. (Taylor Bean) chairman Lee Bentley Farkas must repay the defenses fees the company's directors and officers (D&O)...
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4th Circuit Rejects Loan Servicers' Appeal Of Arbitration Denial
RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on April 11 affirmed a district court's dismissal of a petition to compel arbitration of state law claims brought by borrowers against "payday"...
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Federal Judge Allows Debt-Collection Suit To Proceed
FLINT, Mich. - A federal judge in Michigan on April 12 allowed a consumer's Fair Debt Collection Practices Act (FDCPA) and Michigan Occupational Code (MOC) claims against a collection agency to stand,...
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Consumers' Debt-Collection Allegations Fall Short, Federal Judge Rules
BALTIMORE - A federal judge in Maryland on April 16 dismissed a putative class action alleging violations of the Fair Debt Collection Practices Act (FDCPA) because, among other reasons, a debt...
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Judge: Rule 68 Offer Of Judgment Does Not Moot Debt Collection Suit
LAS VEGAS - A federal judge in Nevada on April 10 ruled that a debt collector's Federal Rule of Civil Procedure 68 offer of judgment in a Fair Debt Collection Practices Act (FDCPA) lawsuit does not...
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Federal Judge Denies Stay In Fair Debt Collection Practices Act Lawsuit
SACRAMENTO, Calif. - A federal judge in California on April 12 denied a consumer's motion to stay the judge's ruling on a motion for summary judgment pending the conclusion of discovery in a Fair Debt...
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Judge Allows Discovery To Proceed In Fair Debt Collection Practices Act Suit
NEW YORK - A federal magistrate judge in New York on April 11 granted a consumer's motion to conduct discovery in a Fair Debt Collection Practices Act (FDCPA) lawsuit even though the debt collector had...
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Consumer's Federal Debt Collection Law Claims Are Time-Barred, Judge Rules
CHICAGO - Dismissal of a consumer's complaint against a debt collector for alleged violations of state and federal debt collection laws is proper because the consumer's federal claims are time-barred...
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Judge Rules That Consumer's Debt Collection Claims Must Be Arbitrated
DETROIT - A consumer must argue her Fair Debt Collection Practices Act (FDCPA) claims before an arbitrator because those claims are covered by an arbitration clause in a credit card agreement, a...
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Debt Collector Entitled To Bona Fide Error Defense, Judge Rules
LYNCHBURG, Va. - Summary judgment in a Fair Debt Collection Practices Act (FDCPA) lawsuit against a debt collector is proper because the defendant has shown that its failure to include certain...
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Judge Won't Certify Class Challenging Collection Practices Of Debt Collector
CHICAGO - A federal judge in Illinois on April 12 denied a consumer's motion to certify three classes of plaintiffs in a class action lawsuit challenging the collection practices of a debt collector,...
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Federal Judge Keeps Wells Fargo In MedCap Ponzi Scheme Suit
SANTA ANA, Calif. - A federal judge in California on April 2 declined Wells Fargo NA's request to dismiss consolidation class action claims alleging that it breached its contract by giving noteholders'...
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Judge Dismisses Most Claims Against Bank Arising From Nadel Ponzi Scheme
TAMPA, Fla. - A federal judge in Florida on April 5 dismissed aiding and abetting claims the receiver of imprisoned Ponzi schemer Arthur Nadel brought against Wells Fargo Bank NA and Wachovia Bank NA,...
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Federal Judge Denies Default Judgment Against Ponzi Scheme Defendants
SEATTLE - Because the plaintiff in a Ponzi scheme suit seeks to hold certain defendants jointly and severally liable for the damages caused by the alleged scheme, awarding default judgment against...
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Consumer Doesn't Show Liability In ATM Fee Suit, Federal Judge Finds
INDIANAPOLIS - A federal magistrate judge in Indiana on March 27 granted a consumer's motion for summary judgment with respect to certain affirmative defenses asserted by a merchant alleged to have...
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Judge: Credit Cardholder Failed To Plead Any Violations Of Agreement
SAN FRANCISCO - A federal judge in California on April 16 granted a credit provider's motion to dismiss a credit cardholder's breach of contract lawsuit, ruling that the cardholder failed to properly...
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Third Parties Can Compel Arbitration In Credit Card Suit, Federal Judge Finds
SAN DIEGO - A federal judge in California on March 28 granted defendants' motion to stay and compel arbitration in a class action alleging harassing phone calls and letters in connection with a...
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Federal Judge: Bank Properly Removed Credit Card Action
FORT MYERS, Fla. - A federal judge in Florida on March 4 denied a consumer's motion to remand her suit arising from FIA Card Services N.A. (FIA) and Bank of America N.A. (BoA) billing her for her late...
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Waiver In Check-Cashing Agreement Is Enforceable, Florida Supreme Court Rules
MIAMI - The Florida Supreme Court on April 11 found that a class action waiver in an arbitration agreement signed by check-cashing customers is valid and enforceable, overruling a lower court's...
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Federal Judge Dismisses Unjust Enrichment Claim From Bank's Default Suit
MONTGOMERY, Ala. - A federal magistrate judge in Alabama on April 15 granted summary judgment to Wells Fargo Bank N.A. on its breach of contract claim but dismissed the unjust enrichment claim from a...
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