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December 07, 2016 |

Post-Spokeo Standing and Fair Debt Collection Practices Act

In his Debtor-Creditor Rights Wrap-up, David M. Barshay surveys cases dealing with consumers' standing to sue for "procedural" violations under consumer protection statutes, particularly the Fair Debt Collections Practices Act, particularly after 'Spokeo, Inc. v. Robins', in which the U.S. Supreme Court considered whether a violation of a statutory right granted by the Fair Credit Reporting Act was a sufficient injury in fact to maintain an action in federal court. The court determined that if such injury is both "particularized" and "concrete," standing is present.
19 minute read
October 05, 2016 |

JP Morgan Chase Bank, N.A. v. Hernandez

New Legislation Allows Defendant Participating In Foreclosure Settlement to File Late Answer
3 minute read
August 17, 2016 |

E*Trade Bank v. Spivey

Plaintiff Establishes Standing, Entitlement To Summary Judgment in Foreclosure Action
3 minute read
March 11, 2016 |

Fed. Nat'l. Mortg. Ass'n v. Chollette, PICS Case No. 16-0295 (C.P. Monroe Dec. 16, 2015) Zulick, J. (12 pages).

Act 91 notice need not come directly from the party that commences a foreclosure action. Summary judgment granted for plaintiff Federal National Mortgage Association, and defendant Wilford Chollette's cross-motion for summary judgment denied.
3 minute read

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