John Soumilas

September 20, 2024 | The Legal Intelligencer

In its recent decision in Freeman v. Ocwen Loan Servicing, No. 23-2512, the U.S. Court of Appeals for the Seventh Circuit upheld a district court's dismissal of a borrower's Fair Credit Reporting Act (FCRA) and Fair Debt Collection Practices Act (FDCPA) claims arising out of her mortgage servicer's erroneous reporting that her mortgage was in default.

By John Soumilas

9 minute read

July 22, 2024 | The Legal Intelligencer

The court created a new legal standard that appears to conflict with the FCRA and Congress's legislative intent when enacting it, and produced a holding that is at odds with the facts before it.

By John Soumilas

8 minute read

February 02, 2024 | The Legal Intelligencer

The decision, which focused on the conflict between MicroBilt's mandatory arbitration provision and the American Arbitration Association's (AAA) consumer arbitration rules, offers a potential escape plan for consumers who are contractually obligated to use mandatory arbitration to resolve a dispute.

By John Soumilas

7 minute read

October 09, 2023 | The Legal Intelligencer

The CFPB's most recent supervisory highlights report suggests that some familiar industry players can't seem to stay on the straight and narrow.

By John Soumilas

8 minute read

April 06, 2023 | The Legal Intelligencer

The White House has made fighting junk fees a priority. During a meeting of the White House Competition Council in September 2022, President Joe Biden called on federal agencies to reduce or eliminate junk fees.

By John Soumilas

8 minute read

November 23, 2022 | The Legal Intelligencer

These two pressures have probably kept many a consumer attorney up at night as they wrestled with how best to bring a would-be consumer class action in the Third Circuit knowing the case law that would be waiting for them in defendants' motions to dismiss and oppositions to motions for class certification.

By John Soumilas

10 minute read

July 07, 2022 | The Legal Intelligencer

Of all the consumer report errors your clients will face, perhaps the most pernicious error is when an incorrect employment background check costs a client a job and their ability to earn a living.

By John Soumilas

10 minute read

April 01, 2022 | The Legal Intelligencer

The uproar over these "balance billing" or "surprise billing" practices the study highlighted reached all the way to Capitol Hill. Though it took some time, sensing an easy bipartisan political victory, Congress passed the No Surprises Act into law in December 2020 as part of the Consolidated Appropriations Act of 2021 in an effort to end these billing practices.

By John Soumilas

8 minute read