James Sandy

Jan 6, 2025 | jdsupra.com | James Sandy

With President-elect Donald Trump’s election victory and upcoming inauguration, big changes appear likely for the Consumer Financial Protection Bureau in 2025. As the bureau faces its third major leadership transition within a decade, the scope and direction of its activities are expected to shift significantly under the new administration. These changes may affect not only the structure of the bureau itself but also its rulemaking, supervisory and enforcement prerogatives in the coming years.

Jan 3, 2025 | jdsupra.com | James Sandy

On December 4, 2024, the Appellate Division, Second Department affirmed the trial court’s retroactive application of the Foreclosure Abuse Prevention Act (FAPA) to dismiss the re-commenced foreclosure action as time-barred and rejected the mortgagee’s constitutional challenge thereto. In Jarrett, plaintiff’s predecessor-in-interest commenced a foreclosure action in August 2011.

Jan 3, 2025 | jdsupra.com | James Sandy

On December 16, 2024, the United States District Court for the Eastern District of New York dismissed claims against a credit reporting agency for violations of the Fair Credit Reporting Act (FCRA) and joined the United States District Court for the Southern District of New York in holding that the insufficiency of a claim under the FCRA requires dismissal of a related claim under the New York Fair Credit Reporting Act (NYFCRA), whose prohibition on reporting of inaccurate information is...

Dec 23, 2024 | jdsupra.com | James Sandy

On December 4, 2024, the United States District Court for the Western District of New York, as a matter of first impression, denied pro se plaintiff’s motion to remand claims against a national bank for violations of the Telephone Consumer Protection Act (TCPA), which arose from calls allegedly received by plaintiff after he registered his cellular phone with the national “Do Not Call Registry.” In Sandhu, plaintiff admitted to having a commercial banking relationship with defendant but...

Dec 19, 2024 | jdsupra.com | James Sandy

Yesterday, the Federal Trade Commission (FTC) finalized its “Rule on Unfair or Deceptive Fees” (Junk Fees Rule) designed, the FTC noted, to prohibit bait-and-switch pricing and mandate clear and conspicuous price disclosures in the live-event ticketing and short-term lodging industries.