Sixth Circuit Joins Majority in Rejecting Discovery Rule for UCC Check Conversion Claims

The United States Court of Appeals for the Sixth Circuit has joined with the majority of courts in rejecting application of the discovery rule for check conversion claims under the Uniform Commercial ... Read more

Tender of Full Repayment of Principal is Condition of Rescission

The 7th U.S. Circuit Court of Appeals has held that borrowers are not assured of conditions that would allow them to rescind a home mortgage loan pursuant to the federal Truth in Lending Act ("TI ... Read more

Identity Theft Prevention Satisfies FCRA’s Legitimate Business Need Requirement

The 6th U.S. Circuit Court of Appeals has held that identity theft prevention satisfies the Fair Credit Reporting Act’s ("FCRA") Legitimate Business Need requirement for purposes of FC ... Read more

Mississippi Joins Jurisdictions Approving Contractual Reduction of Check Fraud Reporting Deadline

Mississippi has joined the growing list of jurisdictions that have approved contractual reductions of the one-year reporting deadline for certain check fraud claims found in Uniform Commercial Code (& ... Read more

Title Insurer Not Required to Defend Suit Against Validity of Underlying Debt

The Massachusetts Supreme Judicial Court has held that a title insurer has no duty to defend a bank against a third-party suit challenging the validity of the underlying debt, absent a specific provis ... Read more

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