Since last November, when Mick Mulvaney became acting director of the agency formerly known as the Consumer Financial Protection Bureau, he’s steered it away from many of the practices his predecessor had embraced. Questions have arisen about how long Mulvaney can serve in that capacity, which is supposed to be temporary. The answer: until 2025, at the latest. Continue Reading Mulvaney Could Lead BCFP Until 2025

Penalties for violating the Real Estate Settlement Procedures Act (RESPA) can be steep: triple the amount of the settlement charge at issue, plus attorney’s fees. Businesses often assume their corporate insurance protects them from RESPA liability and similar professional missteps. That sort of coverage might be illegal. Continue Reading Your Business Insurance Might Not Cover RESPA Lawsuits

One of the more surprising developments in the law of the Real Estate Settlement Procedures Act is the fledgling success of the continuing-violations doctrine, which allows claims to be brought long after the initial statute of limitations has expired. A new decision from a Pennsylvania federal court suggests that the doctrine isn’t going away any time soon. Continue Reading Continuing-Violations Doctrine Survives Though Underlying RESPA Case Dismissed

 

For the past five years, the Consumer Financial Protection Bureau has accused a Kentucky law firm, Borders & Borders, of paying illegal kickbacks. Last week, the judge presiding over the lawsuit threw out the CFPB’s case—for a second time—on grounds different than before. The ruling could be a boon for affiliated business arrangements. Continue Reading Borders Law Firm Ruling Takes Unexpected Turn

To class action lawyers, the much maligned Maryland title agency Genuine Title, LLC, has been a gift many times over. That one company has spawned eight class actions and two public enforcement cases. But, after four years of exhaustive litigation, the federal judge presiding over the class lawsuits has finally thrown them out.

Continue Reading Time Runs Out for Genuine Title Lawsuits

For years, ambitious class-action lawyers have tried to criminalize the business of captive reinsurance, with varying degrees of success. Recent decisions from federal courts in Pennsylvania and the District of Columbia suggest that these lawsuits’ heyday might finally be over. Continue Reading Captive-Reinsurance Lawsuits Face Bleak Future