The EMV Liability Shift - What’s Next?

​Over the past several years, the major credit card networks (VISA and MASTERCARD) have begun the process of converting credit card usage in the United States to the EMV standard.  The EMV standard is a method of preventing credit card fraud by mean ...[Read more]

Published: 11/30/2015 | 0  Comments | 0  Links to this post

Safe Harbor Protects Assignees from Liability under the ECOA

​In a prior post, we considered the application of the Equal Credit Opportunity Act (ECOA) as a defense to guarantor liability. A related issue is whether claims under the ECOA exist against a successor or “assignee” creditor uninvolved in the origi ...[Read more]

Published: 10/21/2014 | 0  Comments | 0  Links to this post

Eighth Circuit Finds Guarantors Not Afforded Protections under the ECOA

​The application of the Equal Credit Opportunity Act (ECOA) to spousal guaranties is a developing area of law, resulting in a number of recent appellate opinions. One opinion from the Eighth Circuit Court of Appeals, Hawkins v. Community Bank of Ray ...[Read more]

Published: 10/7/2014 | 0  Comments | 0  Links to this post