Search for: "Ernest Wagner" Results 21 - 40 of 78
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SCOTUS Holds American Pipe Tolling Does Not Apply to Subsequent Class Claims
14 Jun 2018, 7:27 am by Ernest Wagner
Utah, 414 U.S. 538 (1974), does not toll a subsequent class action after the statute… Ernest Wagner [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
8th Cir. Holds TCPA Plaintiff Lacked Standing, but Case Should Be Remanded Not Dismissed With Prejudice
22 Aug 2018, 9:14 am by Ernest Wagner
that supposedly did not provide a proper opt-out notice in its advertisement faxes because the… Ernest [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
5th Cir. Holds Bankruptcy Discharge Violations Not Always Subject to Arbitration
29 Oct 2019, 1:26 pm by Ernest Wagner
discharge injunction, a bankruptcy court may decline to compel arbitration because it implicates a… Ernest [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
7th Cir. Creates Split on Spokeo Standing, Rules in Favor of Defendant in FDCPA Disclosure Case
17 Jun 2019, 4:16 am by Ernest Wagner
to notify her in its debt validation letter that to trigger the federal Fair Debt Collection… Ernest [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
9th Cir. Holds Supporting Evidence Not Required for CAFA Removal
29 Aug 2019, 6:14 am by Ernest Wagner
CAFA) because the jurisdictional allegations pleaded provided a short and plain statement of… Ernest [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
7th Cir. Holds Plaintiff Lacked Standing in ADA ‘Website Accessibility’ Case Against Credit Union
2 Aug 2019, 9:08 am by Ernest Wagner
problems with a credit union’s website because he could not establish an injury in fact as… Ernest [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
N.D. Illinois Joins Other Courts in Limiting Scope of ‘ATDS’ Under TCPA
6 Dec 2018, 1:29 pm by Ernest Wagner
system did not use a random or sequential number generator to store or produce phone numbers to… Ernest [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
8th Cir. Holds Property Damage Insurer Improperly Withheld ‘Labor Depreciation’ from Claim Payments
7 Jan 2019, 8:41 am by Ernest Wagner
A copy of the… Ernest Wagner [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
11th Cir. Holds Moving to Reset Foreclosure Sale During Loss Mit Did Not Violate RESPA or FDCPA
20 Jun 2019, 7:02 am by Ernest Wagner
after it approved the borrower for a trial loan modification plan did not violate the federal… Ernest [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
5th Cir. Holds Providing Reason for Loss Mit Denial Once Is Enough Under RESPA
16 Apr 2019, 7:19 am by Ernest Wagner
mitigation applications once when the servicer had already provided the same reasons for the… Ernest [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
Fla. Supreme Court Changes Standard for Admitting Expert Testimony Into Evidence
25 Oct 2018, 11:37 am by Ernest Wagner
… Ernest Wagner [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
7th Cir. Holds Mortgagee’s Deficiency Claim in Bankruptcy Was Precluded by Failure to Raise in Foreclosure
8 Mar 2019, 6:37 am by Ernest Wagner
… Ernest Wagner [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
Fla. Supreme Court Rules Borrower Entitled to Attorney’s Fees After Voluntary Dismissal of Foreclosure Appeal
6 Feb 2019, 7:47 am by Ernest Wagner
recover appellate attorney’s fees because the mortgagee maintained its right to enforce… Ernest [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
Illinois App. Court (5th Dist) Upholds Dismissal of FDCPA and State Law Claims That 4-Yr UCC SOL Applied to Credit Card Purchases
10 May 2019, 10:30 am by Ernest Wagner
state and federal laws when it filed suit to collect the debt past the four-year statute of… Ernest [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
5th Cir. Reverses Sanctions Against Consumer’s Counsel for Failure to Promptly Settle
27 Apr 2020, 7:16 am by Ernest Wagner
Ernest Wagner [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
8th Cir. Holds Borrower’s Affidavit Alone Is Insufficient to Rebut TILA’s Presumption of Delivery
16 Jun 2017, 11:20 am by Ernest Wagner
A […] Ernest Wagner [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
11th Cir. Confirms Servicer May Designate Address for QWRs
22 Aug 2017, 4:59 am by Ernest Wagner
Estate Settlement Procedures Act (RESPA) because the borrower failed to send the QWR to the […] Ernest [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
8th Cir. Holds Borrower’s Affidavit Alone Is Insufficient to Rebut TILA’s Presumption of Delivery
16 Jun 2017, 11:20 am by Ernest Wagner
A […] Ernest Wagner [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
7th Cir. Holds Plaintiff’s Settlement of Parallel Claim Against Another Defendant Mooted FDCPA Claim
6 Sep 2018, 2:09 pm by Ernest Wagner
federal Fair Debt Collection Practices Act (FDCPA) claims for statutory damages, attorneys’… Ernest [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
NJ Supreme Court Enforces Modification Settlement Made Through Residential Mortgage Foreclosure Mediation Program
3 Oct 2017, 7:51 am by Ernest Wagner
A copy of the opinion is available Read more → Ernest Wagner [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/