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ARTICLE · 07 NOVEMBER 2014

UDAAP Council Weekly UDAAP Standards Report - 11/5/2014

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Every week, courts around the United States issue decisions addressing aspects of civil UDAAP claims.

United StatesConsumer Protection
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Every week, courts around the United States issue decisions addressing aspects of civil UDAAP claims.

In an effort to illuminate the UDAAP standards, below is a sampling of some of this week's UDAAP decisions on the meaning of unfair, deceptive, and abusive.

Deceptive

  • A borrower could not prove its claims under the Texas Debt Collection Act (TDCA) based on allegations of procedural defects in a mortgage foreclosure action and excessive loan modification fees. The mortgage lender was entitled to foreclose and collect the assessed fees under the terms of the loan documents, and thus the borrower could not prove any deceptive conduct in violation of the TDCA. Fields v. JP Morgan Chase Bank, United States District Court for the Northern District of Texas.

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