Search results for Banking And Lender Liability Law

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jdsupra.com /1 week ago

Irreconcilable Differences: Analyzing the Split in the First and Second Circuit Courts of Appeals’ Decisions on National...

On May 5, 2026, a majority panel of the U.S. Court of Appeals for the Second Circuit (the “Second Circuit”) issued an opinion holding that the National Bank Act (NBA) preempts New...

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jdsupra.com /2 weeks ago

When Your Vendor’s Breach Becomes Your Lawsuit: Privacy Risk Lessons from Recent Bank Litigation

A recent high-profile incident illustrates the growing litigation and regulatory risks that financial institutions face from vendor-driven data breaches. Within weeks of a national...

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illinoislawyernow.com /1 month ago

Not My Customer, Not My Problem? Assessing Whether a Duty May be Owed to a Non-Customer Under Martin v. Fifth Third Bank

Case Background Marsha J. Martin filed an amended complaint[1] alleging that she received an e-mail that appeared to be from Coastal Customs Builders requesting payment for constru...

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jdsupra.com /1 month ago

Florida Fourth DCA Clarifies Limits of Attorney Liability in Third‑Party Opinion Letters

The Florida Fourth District Court of Appeal recently affirmed that an attorney who prepares an opinion letter on behalf of the borrowers for the benefit of the lender in an arms-le...

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jdsupra.com /1 month ago

Florida Fourth DCA Clarifies Limits of Attorney Liability in Third‑Party Opinion Letters

The Florida Fourth District Court of Appeal recently affirmed that an attorney who prepares an opinion letter on behalf of the borrowers for the benefit of the lender in an arms-le...

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natlawreview.com /1 month ago

Incentives for Whistleblowers Remain, Even When the Government Declines a Case

Mortgage lenders and other entities submitting claims for payment to the federal government should take note of recent case law from the Ninth Circuit emphasizing how private litig...

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jdsupra.com /1 month ago

Assignments, Market Fundamentals and NDFI Risk, April 2026 - FDIC Risk Review Assesses Bank NDFI Loan Exposure

The FDIC published its annual review of funding, interest rates, and credit risks for the banking system this week. On loans to non-depository financial institutions (NDFI), the re...

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natlawreview.com /1 month ago

Think You are Not Subject to the Gramm-Leach-Bliley Act because You are Not a Financial Institution? You May be Wrong on...

Key Takeaways: Data Brokers Dual Exposure — How data brokers function as service providers and when they cross into financial-institution status Telemarketing and Call Centers — S...

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jimersonfirm.com /1 week ago

How Lawsuits Affect Credit, Financing, and Business Relationships

A lawsuit is not just a courtroom problem. Long before a judge ever rules, the act of being sued can ripple through your bank covenants, your credit profile, your supplier terms, a...

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jdsupra.com /1 month ago

Mortgage Origination and Servicing - March 2026

Welcome to the second chapter of our annual report, Consumer Financial Services: 2025 Year in Review. In 2025, the mortgage market saw federal enforcement efforts decrease as the...

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natlawreview.com /1 day ago

Fair Housing Groups Challenge CFPB’s Regulation B Rollback

On May 27, several fair housing and advocacy organizations filed a lawsuit against the CFPB and Acting Director Russel Vought in the U.S. District Court for the District of Columbi...

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jdsupra.com /1 month ago

Eiger Funding (PCC) Ltd v Ridge and Partners LLP - A Cautionary Tale for Monitoring Surveyors and Lenders

In this Insight, Fainche Whelan considers the case of Eiger Funding (PCC) Limited v Ridge and Partners LLP [2026] EWHC 609 (TCC). Here, an independent monitoring surveyor (“IMS”) w...

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jdsupra.com /2 days ago

Limiting Agent Liability in Pennsylvania: Knowledge, Reliance, and the E&O Landscape

Errors & Omissions (E&O) claims against real estate professionals in Pennsylvania frequently arise from allegations of nondisclosure or misrepresentation. However, Pennsylv...

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natlawreview.com /1 week ago

OCC Finalizes Rules Preempting State Interest on Escrow Laws

On May 15, the OCC issued two final rules addressing national banks’ and federal savings associations’ authority to administer mortgage escrow accounts and the preemption of certai...

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jdsupra.com /1 month ago

CFPB finalizes amendments to Regulation B, eliminating disparate-impact liability provisions

On April 22, the CFPB finalized amendments to Regulation B, which implements the ECOA (previously covered by InfoBytes here). The rule, effective July 21, finalizes the three princ...

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natlawreview.com /1 week ago

GLBA Won’t Save You- Why Consumer Lenders Are the Next Target for State Privacy Enforcers

For years, consumer lending companies have treated state privacy laws the way a tortoise treats a rainstorm: head down, shell up, wait for it to pass. The reasoning was simple. The...

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natlawreview.com /2 weeks ago

Massachusetts Division of Banks Resolves Alleged Unlicensed Loan Servicing Activity

On May 5, 2026, the Massachusetts Division of Banks announced a settlement resolving allegations that a fintech company engaged in third-party loan servicing activity in Massachuse...

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jdsupra.com /1 month ago

Consumer Protection Roundup

In this article, we'll delve into recent news on financial consumer protection, but before doing so, we'll provide an update on the Consumer Financial Protection Bureau (CFPB)....B...

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jdsupra.com /1 month ago

Payday and Small-Dollar Lending - March 2026

Welcome to the eighth chapter of our annual report, Consumer Financial Services: 2025 Year in Review. In 2025, the Consumer Financial Protection Bureau (CFPB) reduced its scrutiny...

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jimersonfirm.com /2 days ago

NDAs in Harassment Settlements: The 2026 Guide for Florida Financial Institutions

For a Florida bank, credit union, broker-dealer, or other financial institution, a harassment complaint is rarely just an HR problem. It is a regulatory event, a reputational event...

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wealthprofessional.ca /1 month ago

Lender’s loan shock puts Big Six banks on watch, not in danger

Analysts dissect charge-offs, lawsuits, and why big six lenders say they can absorb the hit

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valawyersweekly.com /1 month ago

Banks and banking – Bank defeats customer’s conversion claim

Peoples Bank's conversion claim dismissal affirmed after debiting accounts linked to judgment debtors in West Virginia execution proceedings. The post Banks and banking – Bank defe...

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jdsupra.com /3 days ago

OCC Preemption Decision and Final Rule Regarding Mortgage Escrow Account State Laws

On May 15, 2026, the Office of the Comptroller of the Currency (OCC) issued a preemption decision addressing state laws that govern how mortgage escrow accounts are managed, as wel...

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natlawreview.com /1 month ago

California Debt Collector Licensing Fees Face Class Action

On April 7, two trade associations and a licensed debt collector filed a putative class action in the California Superior Court for the County of San Francisco alleging that the Ca...

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