News & Analysis as of

Vicarious Liability Consumer Financial Products

Goodwin

CFPB Files Complaint and Proposed Final Judgments Against Higher Education Assistance Agency and National Collegiate Student Loan...

Goodwin on

​​​​​​​On May 6, 2024, the Consumer Financial Protection Bureau (CFPB) announced that it filed a complaint ​and two proposed stipulated final judgments to resolve its claims against the National Collegiate Student Loan...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending October 8, 2021

Carlton Fields on

Real Property Update - Bert Harris Act: Certifying question whether the 2021 amendment to the Bert J. Harris Jr. Private Property Rights Protection Act clarifies the existing law so that plaintiff may maintain an action...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 22, 2019

Carlton Fields on

Real Property Update - Foreclosure / Rehearing: Order denying rehearing on summary judgment motion and denying continuance affirmed where (1) affidavit in support of rehearing failed to disclose any genuine issue of...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending January 25, 2019

Carlton Fields on

Real Property Update - Trespass / Temporary Injunction: temporary injunction order premised upon a physical trespass onto property, which did not specify actions that constitute trespass, did not enjoin use of airspace over...more

Seyfarth Shaw LLP

The Fifth Circuit Holds That Lenders Cannot Be Held Vicariously Liable Under RESPA

Seyfarth Shaw LLP on

In a matter of first impression, the Fifth Circuit upheld a dismissal by the Northern District of Texas holding that a lender cannot be held vicariously liable for a loan servicer’s purported violation of the Real Estate...more

Burr & Forman

Ninth Circuit Finds No Vicarious Liability Under the TCPA for Marketing Text Message

Burr & Forman on

In Kristensen v. Credit Payment Services, Inc., — F.3d —, 2018 WL 343758 (9th Cir. 2018), the Ninth Circuit recently held that three lenders and two marketing companies could not be vicariously liable under the TCPA for text...more

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