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The People’s Lawyer’s Tip of the DayYou cannot prevent identity theft, but you can stop it from happening a second time. In Texas, victims of identity theft can place a security freeze on their account, preventing anyone from misusing their credit. Scam Alert: Boston Tragedy AftermathOn Monday, a terrible tragedy struck the city of Boston, and touched Americans across the United States. As authorities work to sort through the events in order to bring the culprit(s) to justice, scammers are already out in force. Your MoneyWhat's the value of higher education?
For the LawyersHOLA doesn’t preempt fraud claim against lender. The Fourth Circuit held that federal consumer protection law does not completely preempt state-law claims brought by a plaintiff who was allegedly fraudulently induced into accepting a home loan. The plaintiff sued, arguing that her mortgage contract was unconscionable and that her lender fraudulently induced her into accepting the loan by misrepresenting the market value of her property. The lender argued that the plaintiff’s state-law unconscionability claims were completely preempted by the federal Home Owners’ Loan Act. The court found that the plaintiff’s fraud claim was not preempted because it fell within the scope of the Act’s exception for tort claims that only incidentally affect lending operations.
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