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Posted Date: Friday, May 17, 2024
The U.S. Supreme Court ruled 7-2 in favor of the Consumer Financial Protection Bureau (CFPB), settling a yearslong battle with Consumer Financial Services of America and ending uncertainty as to whether the CFPB’s funding structure was constitutional.
Dodd Frank Update reached out to several industry insiders to break down what this ruling signifies. Read on »
Posted Date: Friday, May 17, 2024
October Research, LLC debuted its new “Keys to Real Estate” podcast, hosted by Chief Knowledge Officer Mary Schuster, on May 16. Industry professionals can now hear from some of the most knowledgeable thought leaders on topics impacting the real estate transaction while on the go delivered weekly via various podcast platforms and YouTube. Read on »
Posted Date: Tuesday, May 7, 2024
As data and cyber security issues continue to rise, hackers use every opportunity to compromise private consumer data, and affected companies are left to clean up the damage. A case out of U.S. District Court for the Eastern District of Pennsylvania may be a good indicator on how courts are approaching settlements for these incidents, including how much the attorneys are paid.
A judge reinstated the attorney fee award given in a class action suit after it was vacated by the Third Circuit Court of Appeals. The judge who reinstated the $3.2 million award had been tasked with re-considering its reasonableness. Read on »
Posted Date: Friday, April 19, 2024
A judge in the U.S. District Court of the District of Minnesota ruled on the Federal Deposit Insurance Co.’s (FDIC) motion to dismiss a complaint brought by the Minnesota Bankers Association and Lake Central Bank, a Minnesota-chartered commercial bank, claiming one of the agency’s financial institutions letters (FIL) amounted to a legislative rule promulgated improperly under the Administrative Procedures Act.
The FIL in question shared the FDIC’s guidance on when a bank charging multiple nonsufficient funds fees may run afoul of federal banking regulations. Read on »
Posted Date: Tuesday, April 9, 2024
The legal battle over modernized Community Reinvestment Act requirements has culminated in a preliminary injunction in federal court. Dodd Frank Update spoke with Garris Horn PLLC Co-Managing Partner Richard Horn about the development, which did not come as a shock to many industry insiders aware of the challenges presented by the cumbersome final rule. Read on »
Posted Date: Tuesday, March 26, 2024
In Cantero v. Bank of America, petitioners asked the U.S. Supreme Court whether a New York statute requiring mortgage lenders to pay a minimum interest rate on funds held in mortgage-escrow accounts is preempted by the U.S. Constitution. Read on »
Posted Date: Friday, March 1, 2024
A Florida district court ruled on a class action lawsuit against United Wholesale Mortgage and its CEO Mathew Ishbia alleging anticompetitive practices in the wholesale lending market. The case centers on UWM’s ultimatum prohibiting partner brokers from doing business with Rocket Mortgage or Fairway Independent Mortgage. Read on »
Posted Date: Tuesday, February 20, 2024
Struggling homeowners victimized by a mortgage relief scam can rest easier following a California district court’s ruling finding the perpetrators liable for approximately $19 million in combined penalties and restitution. Read on »
Posted Date: Friday, February 9, 2024
Chevron deference isn’t the only administrative element being considered by the Supreme Court this year. Another case, initially brought against the Securities and Exchange Commission, challenges the validity of agency adjudication, a traditional tool used by the executive branch. Read on »
Posted Date: Friday, December 8, 2023
A
group of mortgage loan officers filed suit against Bank of America, alleging
the bank failed to appropriately compensate employees who routinely worked more
than 60 hours per week. The plaintiffs assert the bank avoided paying overtime
to commission-based employees by systematically misclassifying them as exempt under
the Fair Labor Standards Act. Read on »
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