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Hinshaw & Culbertson LLP Jacksonville, FL Document Search Results (7) Sort by:  | FACTA Truncation—Which Credit Card Numbers Can Be Redacted?
Stephanie A. Broder; Hinshaw & Culbertson LLP;
Legal Alert/Article May 11, 2012, previously published on May 9, 2012 The Fair and Accurate Credit Transactions Act (FACTA) requires truncation of credit card numbers on electronic receipts, specifically providing that the receipt must not display “more than the last 5 digits of the card number.” In Straaten v. Shell Oil Products Company LLC, No. 09 C...
| | Seventh Circuit Court of Appeals Denies Class Certification of Claim Arising Under RESP
Ian P. Luthringer; Hinshaw & Culbertson LLP;
Legal Alert/Article April 9, 2012, previously published on April 5, 2012 In Howland v. First American Title Ins. Co., --- F.3d ---, 2012 WL 695636 C.A.7 (Ill. 2012), individuals who obtained title insurance policies from First American Title Insurance Company (the Company), through attorney title agents for the Company, brought a class action suit against the Company...
| | Legislature Kills TCPA Bill
Stephanie A. Broder; Hinshaw & Culbertson LLP;
Legal Alert/Article January 13, 2012, previously published on January 11, 2012 Congressman Lee Terry (R-Neb.) introduced a bill in 2011 to update the Telephone Consumer Protection Act (TCPA) to allow businesses to use assistive telecommunications technology, such as predictive dialers, to contact consumers on their wireless numbers for calls that do not constitute a...
| | Seventh Circuit Confirms That Fines Are Not Debts Under FDCPA
Stephanie A. Broder; Hinshaw & Culbertson LLP;
Legal Alert/Article January 13, 2012, previously published on January 11, 2012 The U.S. Court of Appeals for the Seventh Circuit affirmed the dismissal of plaintiff debtor’s case against defendant debt collection law firm for alleged violation of the Fair Debt Collection Practices Act (FDCPA) because the debts at issue were not “debts” as defined by the...
| | In Florida, Standing to Foreclose Established When Plaintiff Holds Note Indorsed in Blank, Regardless of Assignment
Stephanie A. Broder; Hinshaw & Culbertson LLP;
Legal Alert/Article December 7, 2011, previously published on December 6, 2011 In Harvey v. Deutsche Bank National Trust Company, 69 So. 3d 300 (Fla. 4th DCA 2011), the Fourth District Court of Appeals held that plaintiff bank, as holder of a note indorsed in blank, established its standing to foreclose due to its status as note holder, regardless of any recorded assignments.
| | Home Owners’ Loan Act of 1933 Preempts Certain State Law Claims Against Federal Savings Banks
Stephanie A. Broder; Hinshaw & Culbertson LLP;
Legal Alert/Article September 7, 2011, previously published on September 2, 2011 The U.S. District Court for the District of Oregon recently dismissed plaintiff debtor’s claims against defendant creditor for conversion stemming from a foreclosure sale based upon federal law preemption. The debtor had executed a deed of trust with a lender as beneficiary of the security...
| | Florida Appellate Court Holds That Borrower Does Not Waive Right to Attorneys’ Fees When Claim Is Not Pled in Motion to Dismiss Foreclosure Action
Stephanie A. Broder; Hinshaw & Culbertson LLP;
Legal Alert/Article June 13, 2011, previously published on June 10, 2011 In Nudel v. Flagstar Bank, FSB, et al., 2011 WL 1878127 (4th Dist. May 18, 2011), the Florida Fourth District Court of Appeals held that defendant homeowner was entitled to recover attorneys’ fees as a prevailing party in a mortgage foreclosure action under Fla. Stat. § 57.105(7) (2009),...
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