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CFPB Advisory Opinion on Name-Only Matching Under FCRA - The Consumer Finance Podcast | Troutman Pepper

Please join Troutman Pepper Partner Chris Willis and his guests and colleagues Alan Wingfield and Noah DiPasquale as they discuss the recent advisory opinion from the Consumer Financial. ....

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California court ruling opens auto lenders to bigger lawsuit payouts

A recent California Supreme Court decision means that lenders can be on the hook for consumers’ attorney fees in situations where car dealers defraud them. The case involved TD Auto Finance and a dealer that allegedly sold a vehicle without certain advertised features. ....

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Why auto lenders suddenly face more legal risk

The Federal Trade Commission recently issued an advisory opinion that could make it easier for consumers to recover their legal costs from banks in situations where they were defrauded by a car dealer. ....

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Mass. Uber Ruling Offers Insights on Online Contracts | Troutman Pepper

On Jan. 4, the Massachusetts Supreme Judicial Court issued a ruling in
Kauders v. Uber Technologies Inc. that has important implications for the enforceability of online and/or app contracts, and the arbitration agreements included in them.[1]
In short, the court concluded that Uber s terms and conditions did not constitute a contract with the plaintiffs, because the app s registration process did not provide users with reasonable notice of the terms and conditions, and did not obtain a clear manifestation of assent to the terms.
In doing so, the court analyzed the features of the Uber app that undercut contract formation, and commented on features that might have worked better. This ruling seems likely to become a notable addition to the burgeoning body of case law addressing how contracts can be formed over the internet. ....

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Mortgage Help Is Available During the Coronavirus Pandemic, But What's Offered Can Vary—Here's What You Need to Know

Those with mortgages owned by private lenders, such as banks, are not included in this relief. However, some states and banks have also rolled out relief for homeowners. California reached a deal with a number of big banks to provide affected homeowners with a 90-day grace period for all mortgage payments and suspend foreclosures. Connecticut reached a similar agreement and has a list of participating banks.
New York Gov. Andrew Cuomo said last month that the state was going to have the banks and financial institutions waive mortgage payments for 90 days. The state s Department of Financial Services sent guidance urging banks and loan servicers to offer 90-day forebearance on mortgage payments. ....

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