TILA Right to Rescission Does Not Toll Statute of Limitations
The Third Circuit recently held that the invocation of the right to rescind under the federal Truth-in-Lending Act (TILA) does not toll the running of the statute of limitations. According to the...
View ArticleTCPA: Some Protection for Misdirected Collection Calls
The Telephone Consumer Protection Act (“TCPA”) prohibits, among others, the use of autodialers and prerecorded messages to residential telephone numbers without the prior express permission of, or an...
View ArticleReed Smith Partner to Speak on ABA National Teleconference on Mortgage...
On Wednesday, June 29, 2011, Reed Smith Partner Diane Bettino will speak to a national audience as part of a select panel of national mortgage litigation practitioners on mortgage litigation strategies...
View ArticleLos Angeles Targets Trustee to Clean-Up Housing Mess
The People of the State of California and The City of Los Angeles (collectively, the “Plaintiff”) are seeking to hold Deutsche Bank National Trust Company and Deutsche Bank Trust Company Americas, as...
View ArticleReed Smith Attorneys Obtain Significant Preemption Ruling on Behalf of...
This posting was written by Robert M. Jaworski. After removing a complaint filed against National Penn Bank (the “Bank”) to federal court, Reed Smith attorneys Andrew J. Soven and Timothy P. Oak...
View ArticleBankruptcy Court in Illinois Holds that a Mortgage is Avoidable in Bankruptcy...
Daniel J. Slattery, our Real Estate colleague, recently authored an alert regarding a decision that potentially has serious implications for mortgage financing transactions. In Illinois, the Bankruptcy...
View ArticleSecond Circuit Limits Judicial Review of Consent Decrees
This post was also written by James C. Martin. In SEC v. Citigroup Global Markets, Inc., 2014 WL 2486793 (2d Cir. June 4, 2014), the U.S. Court of Appeals for the Second Circuit has reversed and...
View ArticleFCC Issues Omnibus Ruling on Host of Issues Affecting TCPA Litigation and...
On July 10, 2015, the Federal Communications Commission (FCC) finally released its long awaited TCPA Omnibus Declaratory Ruling and Order, which resolved 21 petitions involving a wide variety of issues...
View ArticleWhat Do You Get for the Plaintiff Who Has Everything? Maybe a Class Action,...
Perturbed by two allegedly unwanted faxes, Arnold Chapman brought a putative class action under the Telephone Consumer Protection Act (“TCPA”). For himself, he sought the most the statute could provide...
View ArticleD.C. Circuit Court Strikes Opt-Out Notice Requirement For Certain Faxes
On Friday, in a decision certain to please the business community as well as the Chair and new majority of the Federal Communications Committee, the D.C. Circuit struck down parts of the FCC’s October...
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