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Member Articles

Collection Fees Based on Percentage of Debt Violates FDCPA

Contact: Heather Morris; Spencer Fane Britt & Browne LLP (Missouri, USA) For convenience, when collecting a debt, lenders may be tempted to simply add a percentage of the outstanding balance as the collection costs ...

Can Depository Banks Have Liability to PACA Claimants?

Contact: Heather Morris; Spencer Fane Britt & Browne LLP (Missouri, USA) The Perishable Agricultural Commodities Act (“PACA”) is a federal statute regulating the purchase and sale of agricultural commodities, s ...

Compliance with FARs Provides Defense to Claim of Negligence Against Aircraft Manufacturer

Contact: Gard Davis; Spencer Fane Britt & Browne LLP (Missouri, USA) A February decision by a federal court in Washington State found that federal regulation of aviation safety has “occupied the field” with res ...

Reliance on Reg. Z Model Forms May Be Misplaced

Contact: Heather Morris; Spencer Fane Britt & Browne LLP (Missouri, USA) Lenders beware! A federal district court recently held that despite a lender’s use of a model form, the disclosure provided by the lender ...

Time Spent Donning and Doffing Personal Protective Equipment Not Compensable, According to U.S. Supreme Court

Contact: Andrew Brought; Spencer Fane Britt & Browne LLP (Missouri, USA) Under the Fair Labor Standards Act (“FLSA”), employers are required to compensate employees for time spent changing clothes before the wo ...

Seventh Circuit Tells Debtor Who Attempted to Evade Creditor by Transferring Assets to New Entity After Collection Lawsuit was Filed to Heed the Old Adage: “When You’re in a Hole, Stop Digging”

Contact: Patrick McLaughlin; Spencer Fane Britt & Browne LLP (Missouri, USA)   Every so often, a debtor tries to evade creditors simply by transferring assets to another entity owned or controlled by the same ...

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