11th Circuit rules that sharing of debtor’s information with third party vendor is actionable…

The appeal in Hunstein v. Preferred Collection and Management Services, Inc., No. 19-14434 (11th Cir. Apr. 21, 2021) arose from the dismissal of a claim that a debt collector violated section 1692c(b) of the FDCPA which prohibits a debt collector from communicating consumers’ personal information to third parties “in connection…

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SCOTUS resolves dispute over what qualifies as an “automatic telephone dialing system” under the…

In Facebook, Inc. v. Duguid, No. 19-511 (U.S. Apr. 1, 2021) the Supreme Court was asked to resolve a dispute over whether a device qualifies as an “automatic telephone dialing system”, or autodialer, under the Telephone Consumer Protection Act (“TCPA”) if it has the capacity “to store or produce telephone…

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New Illinois Law Imposes Rate Cap Restrictions and True Lender Requirements on Small-Dollar and…

On March 23, 2021, Illinois’ new Predatory Loan Prevention Act (“PLPA”), Senate Bill No. 1792, was signed into law, Public Act 101-0658, causing it to become effective immediately. The PLPA is a consumer protection law, and it will significantly impact lenders making certain consumer loans in Illinois. This note covers…

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SCOTUS holds that mere retention of debtor’s property after the filing of a bankruptcy…

In City of Chicago v. Fulton, No. 19-357 (U.S. Jan. 14, 2021) the Supreme Court of the United States reversed a series of lower court rulings finding that the City of Chicago did not violate the bankruptcy code’s automatic stay provision when it refused to return vehicles to Chapter 13…

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Illinois Supreme Court requires Certification of Compliance with the Governor’s Executive Orders to be…

On December 22, 2020, the Illinois Supreme Court issued M.R. 30370.  This Order provides a certification form entitled “Plaintiffs Certification of Compliance with the Governor’s Executive Orders on Evictions” and requires that the filing of any eviction complaint be accompanied by a completed copy of the certification form.  The certification…

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ILLINOIS APPELLATE COURT HOLDS THAT GOVERNOR HAS THE STATUTORY AUTHORITY TO ISSUE SUCCESSIVE DISASTER…

An Illinois Appellate Court in Fox Fire Tavern, LLC v. Pritzker, 2020 BL 441165 (2d) has upheld Illinois Governor Jay Pritzker’s Executive Order imposing restrictions on dining establishments as a result of the Covid-19 pandemic. At issue in the case was whether the Governor had the authority under Illinois’ Emergency…

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Illinois Eviction and Foreclosure Updates

On November 13, 2020, the Governor of Illinois issued Executive Order 2020-72 which amended the eviction moratoria to now apply only to “covered persons,” mirroring the terms of the September 4, 2020 Center for Disease Control’s national moratorium on residential evictions. A “covered person” is a tenant, lessee or resident…

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Illinois Appellate Court holds that “single refiling rule” is not a complete bar to…

The trial court in Wilmington Savings Fund v. Barrera, 2020 IL App (2d) 190883 (September 21, 2020) dismissed a foreclosure suit as being barred by the single refiling rule.  The appellate court reversed, holding that the borrower’s subsequent failure to make property tax and insurance payments were new defaults and…

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THE CENTERS FOR DISEASE CONTROL BANS RESIDENTIAL EVICTIONS THROUGH THE END OF YEAR: WHAT…

On August 8, 2020, President Trump signed an executive order directing the Secretary of Health and Human Services and the Director of the Centers for Disease Control and Prevention (CDC) to “consider whether any measures temporarily halting residential evictions of any tenants for failure to pay rent are reasonably necessary…

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Wisconsin Court finds no implied duty of good faith and fair dealing in the…

The borrowers in The Bank of New York Mellon v. Brozek, No. 2019AP1736 (July 16, 2020), counterclaimed that the foreclosing bank breached the implied duty of good faith and fair dealing in connection with its servicer’s handling of the borrowers’ multiple loan modification applications. The borrowers also sued the servicer…

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