Posts in Texas.
This case arose from a dispute regarding where housing for low-income persons should be constructed in Dallas, Texas-that is, whether low-income housing projects that received government tax credits should be built in the predominantly white suburbs or the predominantly minority-represented inner city. The case was founded on a disparate impact theory of liability. In contrast to a disparate treatment theory, where a plaintiff must establish that the defendant employed a discriminatory intent or motive, a disparate impact claim challenges practices that have a ...

In Cherkaoui v. Santander Consumer USA, Inc., No. 4:13-cv-00467 (S.D. Tex. May 23, 2014), the U.S. District Court for the Southern District of Texas examined how a creditor may obtain "prior express consent" from a borrower and the level of evidence necessary for a borrower to survive summary judgment with claims of oral revocation of consent. The plaintiff in Cherkaoui obtained an automobile loan from the defendant, Santander Consumer USA, Inc. ("Santander"). On his credit application, the plaintiff provided his cellular telephone number. The plaintiff alleged that, despite ...

Posted in: TCPA, Texas
Fowler v. U.S. Bank, Nat. Ass'n, 2014 WL 850527 (S.D. Tex. Mar. 4, 2014) In this action, plaintiff alleged, inter alia, a cause of action under TILA § 1639b(c) (relating to the payment of a "yield spread premium") stemming from a residential mortgage loan transaction plaintiffs entered into with defendants in 2006. Section 1639b(c) was recently amended as part of the broader Dodd-Frank Mortgage Rule Amendments that became generally effective January 10, 2014 with the exception of certain provisions. The court held that the recently implemented loan originator compensation rule ...
Posted in: Dodd-Frank Act, Texas
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