Academic journal article ABA Banking Journal

Whatever Happened to That Case? It's Possible to Say "Case Closed" for a Few Lawsuits Reviewed over Two Years

Academic journal article ABA Banking Journal

Whatever Happened to That Case? It's Possible to Say "Case Closed" for a Few Lawsuits Reviewed over Two Years

Article excerpt

I am generally not a fan of reality television, but watching Where Are They Now is my guilty pleasure. It's fascinating to see how the careers of former prodigies evolved with varying degrees of success. Similarly, after almost three years of legal commentary, it is equally fascinating to examine how some of this column's past "legal luminaries" have progressed throughout the years.

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In June 2012, I discussed a series of lawsuits being filed against banks yet to comply with the revised Americans with Disabilities Act that mandated ATMs be upgraded to serve blind customers. Thankfully, the ATM lawsuits exhausted their 15 minutes of fame and have waned. In March 2014, however, the law firm responsible for most of the ATM cases filed seven new ADA class-action lawsuits in Pittsburgh, alleging that select banks are inaccessible to patrons dependent on wheelchairs. Stay tuned for ADA "Act Two."

Two years ago, I examined banks' battles against the Consumer Financial Protection Bureau (CFPB) over the rescission provision of the Truth in Lending Act. Banks argued that a lawful rescission requires the borrower to file suit within three years of consummating the loan. The CFPB alleged that borrowers simply had to provide written notice to the bank. The clash produced great legal theater with banks prevailing in five federal circuit courts and the CFPB in three. Later this year, the Supreme Court will review the Eighth Circuit case, Jesinoski v. Countrywide Home.

Last year, I criticized an 85-year-old federal judge's decision prohibiting a litigant to be served via Facebook in Fortunado v. Chase Bank. …

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