Jordan S. O'Donnell
Showing 3 posts by Jordan S. O'Donnell.
Overshadowed and Contradicted: Third Circuit Rules Second Demand Letter Violated FDCPA's "Validation Notice" Requirement
The Third Circuit Court of Appeals recently reiterated how a debt collector may run afoul of the Fair Debt Collection Practices Act ("FDCPA") by sending a misleading follow-up, even if it served a compliant demand letter weeks earlier. More ›
No Surrender: Massachusetts Appeals Court Preserves Foreclosure Challenges for Bankruptcy Petitioner
Like Bruce Springsteen, a Massachusetts bankruptcy debtor said "no surrender" when it came to his home. In EverBank v. Chacon, a panel of the Massachusetts Appeals Court issued a non-binding decision that a debtor's "surrender" of real property in a bankruptcy petition does not waive defenses to an eventual foreclosure. EverBank had foreclosed on Mr. Chacon's home mortgage, acquired the property at the sale, and then sought to evict him through summary process action filed in Massachusetts state court. Mr. Chacon claimed that that EverBank did not comply with a HUD regulation that requires a face to face meeting prior to foreclosure rendering the foreclosure void. More ›
Job Applicant Who Filed 562 Applications Then Alleged FCRA Violations Denied Standing by Seventh Circuit
We have another court decision relying on the Supreme Court's recent Spokeo decision that found a class action plaintiff did not meet the injury-in-fact requirement under Article III of the United States Constitution. In Groshek v. Time Warner Cable, Inc., the Seventh Circuit concluded that a plaintiff's claim of statutory violations under the Fair Credit Reporting Act ("FCRA") alone did not create an injury-in-fact sufficient to establish standing to sue. More ›
Subscribe to this blog's feed
Follow us on TwitterTopics
- Statute of Limitations
- Medical Marijuana
- marijuana
- Federal Housing Authority
- Cole Memorandum
- 2nd Circuit
- Forbearance Agreement
- California Court of Appeal
- Rhode Island
- ACA
- Automated Telephone Dialer Service
- hearsay
- Maine
- cryptocurrency
- RICO
- Education
- Department of Education
- Securities & Exchange Commission
- blockchain
- Consumer Financial Protection Act
- CFPB
- Richard Cordray
- statutory interpretation
- appointment power
- Richard Cordray
- Illinois Student Loan Bill of Rights
- Reverse Mortgage
- FHA
- Arbitration
- Appellate Decisions
- HUD
- 1st Circuit Court of Appeals
- Massachusetts
- Bankruptcy Code
- Employee Benefits
- Employer Participation Student Loan Assistance Act
- Seventh Circuit
- Congressional Review Act
- Arbitration Rule
- Privacy
- Mandatory Arbitration
- Federal Arbitration Act of 1925
- Trump
- Massachusetts Land Court
- UCC
- Uniform Commercial Code
- FACTA
- Fair and Accurate Credit Transactions Act
- Second Circuit
- Third Circuit
- OFAC
- Office of Foreign Assets Control
- FCRA
- Fair Credit Reporting Act
- Credit Report
- Obama Administration
- United States Treasury
- Colorado
- Debt Buyers
- Litigation
- Legislation
- Dodd-Frank
- Dodd-Frank Wall Street Reform and Consumer Protection Act
- Proposed Legislation
- Financial CHOICE Act
- New York
- FCC
- Class Action
- Class Action Fairness Act of 2005
- Fairness in Class Action Litigation Act of 2017
- D.C. Circuit
- Trump Administration
- RESPA
- New Jersey
- IRS
- Federal
- Massachusetts Supreme Judicial Court
- Foreclosure
- Mortgage
- FTC
- UDAAP
- Fair Employment and Housing Act
- City of Miami
- Fourth Circuit
- United States Supreme Court
- Debt Purchase
- Texting
- car dealership
- Craigslist
- Compliance Corner
- compliance audit
- corporate governance
- corporate compliance
- financial regulatory
- Illinois
- TCPA
- Fair Debt Collection Practices Act
- Telephone Consumer Protection Act
- Bankruptcy
- loan modification
- California
- Ninth Circuit
- FDCPA
- Debt Collection
- Eleventh Circuit
- CFPB
- Real Estate Settlement Act
- Mortgage loans
- Student Loans
- Loan Servicing
- Equal Opportunity Act
- Loan Defaults