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Name Category Published
Evon v. Law Offices of Sidney Mickell
Debt collector manifestly violates Fair Debt Collection Practices Act by sending debt collection letter to plaintiff’s place of employment and causing her embarrassment. 		Banking Aug. 2, 2012
Gale v. First Franklin Loan Services
Under Truth in Lending Act, only servicers who are also assignees of loans may be liable for failing to respond to inquiries of obligors. 		Banking Jul. 13, 2012
SCC Acquisitions Inc. v. Central Pacific Bank
Bank's memorandum noting that borrower should be notified of decision not to renew loan does not create duty to notify borrower of nonrenewal. 		Banking Jul. 12, 2012
Schlegel v. Wells Fargo Bank N.A.
Homeowners may pursue claim against Wells Fargo Bank for proceeding with acceleration of their loan despite homeowners’ compliance with loan modification agreement. 		Banking Jul. 5, 2012
Parks v. MBNA America Bank N.A.
California banking statute is preempted by federal law when it impairs national bank's authority by requring specific disclosure language on convenience checks. 		Banking Jun. 21, 2012
Wells Fargo Banl NA v. Baker
National Bank Act preempts Iowa statute allowing substitute service with Iowa Secretary of State because it infringes on national banks' power to sue. 		Banking Apr. 4, 2012
Benson v. JPMorgan Chase Bank N.A.
Claims by victims of Ponzi scheme are properly dismissed because victims were required to exhaust administrative remedies with Federal Deposit Insurance Corp. 		Banking Mar. 20, 2012
McOmie-Gray v. Bank of America Home Loans
Three-year statute of repose requires dismissal of rescission claim filed more than three years after consummation of home-secured loan, regardless of when borrower sends notice of rescission. 		Banking Feb. 9, 2012
Balderas v. Countrywide Bank N.A.
Complaint alleging Truth In Lending Act violation survives dismissal motion based on three-day statutory rescission period where plaintiffs claimed notice of right to cancel loan was incomplete. 		Banking Dec. 30, 2011
Fayroyan-Mezhlumyan v. Wells Fargo Bank
Plaintiff asserting cause of action related to loan account against defendant-bank is not ‘depositor’ subject to one-year statute of limitations. 		Banking Dec. 23, 2011
Rose v. Bank of America N.A.
Unfair competition law action fails where based on claim that bank violated Truth in Savings Act by failing to notify plaintiffs of fee increases on deposit accounts. 		Banking Nov. 22, 2011
Grayson Services Inc. v. Wells Fargo Bank
National banking association is subject to duties and liabilities imposed on 'third persons' under California's Enforcement of Judgments Law. 		Banking Sep. 27, 2011
Lyon v. Chase Bank USA N.A.
Credit-card holder states valid claim under Oregon's Unlawful Debt Collection Practices Act when bank had reason to know that it violated Fair Credit Billing Act. 		Banking Aug. 31, 2011
Bank of America Corp. v. Superior Court (Ronald)
Borrowers fail to show cause of action for fraudulent concealment where no nexus exists between alleged scheme and generalized harm of home value decline. 		Banking Aug. 25, 2011
McCoy v. Chase Manhattan Bank USA
State law permits creditor to raise interest rates in event of default in its discretion, up to maximum rate permitted by cardmember agreement. 		Banking Aug. 22, 2011
Aguayo v. U.S. Bank
Post-repossession notices under California’s Rees-Levering Act are not ‘credit-related documents’ subject to National Bank Act preemption. 		Banking Aug. 2, 2011
Wells Fargo Bank N.A. v. FSI, Financial Solutions Inc.
Although bank acted negligently in relation to dishonored check's status, evidence does not support finding that customer was made worse off. 		Banking Jun. 29, 2011
Chase Bank USA N.A. v. McCoy
Under regulation in effect at time of dispute, bank is not required to give consumer advance notice of rate increase where increase was previously disclosed in contract. 		Banking Jan. 25, 2011
Chino Commercial Bank N.A. v. Peters
Bank is not liable for accepting wire transfer and following national standard procedures in accepting checks that were later found to be altered. 		Banking Dec. 13, 2010
Gabriel v. Wells Fargo Bank N.A.
Summary judgment is appropriate where plaintiff is unable to prove nonpayment of money held in savings account managed by plaintiff’s late husband. 		Banking Sep. 16, 2010
Chino Commercial Bank N.A. v. Peters
Bank has no duty to question wire transfer from customer’s account that is revealed to be part of scam. 		Banking May 27, 2010
Edwards v. Wells Fargo and Co.
Credit card issuer need only resolve disputes about purchases with person who obtained card, rather than with mere authorized user. 		Banking May 19, 2010
Parks v. MBNA America Bank N.A.
California statute that requires national bank to provide disclosure language on convenience checks is not facially preempted by federal law. 		Banking May 13, 2010
Martinez v. Wells Fargo Home Mortgage Inc.
Bank charges in exchange for services, even if excessive, are not prohibited under Real Estate Settlement Procedures Act. 		Banking Mar. 9, 2010
Full Throttle Films Inc. v. National Mobile Television Inc.
Secured party does not control debtor’s unspecified deposit accounts where there is no evidence of agreement between bank, secured party and debtor. 		Banking Feb. 10, 2010
Full Throttle Films Inc. v. National Mobile Television Inc.
Secured party does not control debtor’s unspecified deposit accounts where there is no evidence of agreement between bank, secured party and debtor. 		Banking Jan. 14, 2010
Holbert v. Fremont Investment & Loan
Home Ownership and Equity Protection Act is inapplicable where payoffs and penalties do not increase lender’s finance charge over eight percent. 		Banking Dec. 1, 2009
Gorman v. Wolpoff & Abramson LLP
Fair Credit Reporting Act allows plaintiff to bring claim against creditor for failure to report continued dispute to credit reporting agencies. 		Banking Oct. 21, 2009
Stevens v. Tri Counties Bank
Bank may be liable for allowing withdrawal of money from multi-party account where account modification requirements were not met. 		Banking Sep. 2, 2009
Cuomo v. Clearing House Association L.L.C.
State attorney general is not barred from seeking 'judicial enforcement actions' against national banks for violations of fair-lending laws. 		Banking Jun. 30, 2009
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