Federal District Court: Banks Do Not Owe a Duty of Care to Non-Customers Under Tennessee Law
In Belle Meade Title & Escrow Corp. v. Fifth Third Bank, et al., No. 3:17-cv-874, ECF No. 26, --- WL ---- (M.D. Tenn. Oct. 17,…
Tennessee
Tennessee Supremes Reject Per Se Unconscionability of Non-Mutual Arbitration Clauses
On June 5, the Tennessee Supreme Court rejected a per se rule of unconscionability for non-mutual arbitration clauses, holding them enforceable if not too-one-sided and…
Eastern District of Tennessee Questions Legitimacy of FDCPA Claims Predicated on State Court Collection Lawsuits
In White v. Sherman Financial Group, LLC, No. 3:12-cv-404, 2013 WL 5936679, 1 (E.D. Tenn. Nov. 4, 2013), the U.S. District Court for the Eastern…
Tennessee Federal Court Says Plaintiff Failed to Plead Debt Collection Affidavit Was False and That Interest Sought Was Unauthorized
In Grubb v. Portfolio Recovery Associates, LLC, No. 2:12-cv-301 (E.D. Tenn. July 10, 2013), the U.S. District Court for the Eastern District of Tennessee recently…
Burr Commentary: Tennessee Appellate Court Clarifies Requirements for Filing Appeal from General Sessions Court
We have many clients doing business in Tennessee who are regularly forced to navigate the somewhat confusing rules regarding filing appeals from General Sessions Court…
Eastern District of Tennessee Determines TILA Does Not Require Debt Collectors to Send Consumers Monthly Account Statements
On October 5, 2012, the U.S. District Court for the Eastern District of Tennessee analyzed the interplay between the debt collection industry and certain provisions…