• Posts by Ryli Wallace Leader
    Ryli Leader
    Associate

    Collaborative, analytical, and thorough are the qualities that define Ryli’s legal approach. She is skilled in crafting arguments and embracing challenges while working with other attorneys in financial litigation matters ...

In Macris v. Specialized Loan Servicing, LLC, 2022 WL 16727611 (2d Cir. Nov. 7, 2022), the Second Circuit upheld summary judgment for a mortgage servicer, holding that the plaintiff could not pursue claims under the Fair Credit Reporting Act (FCRA) or the Fair Debt Collection Practices Act (FDCPA) for the reporting and collection efforts of his mortgage note.

The plaintiff had previously jointly owned a mortgaged property with his then-wife, but upon their divorce, his ex-wife assumed sole possession of the property and removed the plaintiff from the deed. Years later, the mortgage ...

In Pierre v. Midland Credit Management, Inc., — F.4th —, 2022 WL 986441 (7th Cir. Apr. 1, 2022), the Seventh Circuit affirmed the dismissal of a claim under the Fair Debt Collection Practices Act (“FDCPA”), finding that the plaintiff and the putative class which she represented suffered no concrete injury and therefore lacked Article III standing under the framework set out in Spokeo, Inc. v. Robins, 578 U.S. 330 (2016) and TransUnion LLC v. Ramirez, 141 S. Ct. 2190 (2021). Plaintiff Renetrice Pierre filed a class action lawsuit, seeking to represent a class of Illinois ...

The latest update surrounding Hunstein v. Preferred Collection and Management Services, Inc., Case No. 19-14434 centers not on the Eleventh Circuit or the Hunstein decision itself but on the district courts nationwide that are considering numerous copycat cases relying on the Hunstein reasoning.

In one such recent case, Nabozny v. Optio Solutions, LLC, Case No. 21-cv-297-jdp, 2022 WL 293092 (W.D. Wis. Feb. 1, 2022), a district judge from the Western District of Wisconsin considered, and rejected, the plaintiff’s Hunstein argument, finding that Hunstein lacked persuasive ...

The Fair Credit Reporting Act (FCRA) was enacted to promote the accuracy, fairness, and privacy of information maintained by Consumer Reporting Agencies (CRAs).  In addition to imposing duties on the CRAs, it requires furnishers of information to provide accurate and complete information to the CRAs and to investigate any consumer disputes regarding the accuracy of that information.  Increased claims of identity theft by consumers have given rise to more disputes that accounts are not accurately being reported as belonging to those consumers.  These “identity theft” ...

Increased claims of identity theft by consumers have given rise to more disputes that accounts are being inaccurately reported. Our clients are seeing a dramatic increase in the number of identity theft-related FCRA lawsuits. To learn more, please join us for a webinar, "How to Defend Identity Theft Claims Under the FCRA" on Wednesday, August 4 from 11:30 am to 12:30 pm CDT. Panelists will discuss critical elements to a reasonable identity theft investigation and techniques for defending FCRA claims related to identity theft.

Panelists will also cover the duties of a furnisher of ...

In just a few days, on July 31, 2021, the national moratoriums on residential evictions and foreclosures are set to expire.  With this deadline fast approaching, the Biden administration announced a new mortgage relief plan on July 23 to provide relief for individuals with federally-backed mortgages who might soon face the possibility of losing their homes.

The new program is aimed at reducing the monthly payments for individuals with qualifying mortgage loans.  Borrowers struggling to make their payments and facing foreclosure as the moratorium ends can negotiate a reduction in ...

On May 5, 2021, the United States District Court for the District of Columbia issued an opinion that the Centers for Disease Control and Prevention ("CDC") exceeded its statutory authority by issuing and extending a nationwide moratorium on evictions during the COVID-19 pandemic. See Alabama Association of Realtors v. U.S. Department of Health and Human Services, No. 20-cv-3377 (DLF) (D.D.C. May 5, 2021). A judgment was entered vacating the moratorium, which was set to expire on June 30, 2021. However, the court entered a stay of this judgment pending the outcome of an appeal to the ...

On September 4, 2020, the CDC issued a broad order temporarily halting evictions nationwide, citing the COVID-19 pandemic as its basis. 85 Fed. Reg. 55,292 (Sept. 4, 2020). The CDC determined that such a moratorium was necessary to encourage isolation and social distancing for individuals who might become homeless or forced to move in with a larger group upon eviction. Initially, the moratorium was set to expire on December 31, 2020, but has since been extended, currently set to expire on June 30, 2021. However, after a recent ruling from the United States District Court for the ...

Posted in: COVID-19
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