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SCOTUS Limits The Definition Of ‘Debt Collector' Under The Fair Debt Collection Practices Act
On March 20, 2019, the Supreme Court issued its much-anticipated decision in Obduskey v. McCarthy & Holthus LLP,
United States
2 Apr 2019
"Arbitration Update – Relief Sought In Class Action Held Not To Be ‘Public Injunctive' Relief"
This Stroock Special Bulletin provides an update with respect to litigation involving arbitration provisions.
United States
25 Sep 2018
NYDFS Cybersecurity Deadlines Approaching For Financial Services Companies And Credit Reporting Agencies
Imminent deadlines loom under both the New York Department of Financial Services' Cybersecurity Regulations for Financial Services Companies (23 NYCRR Part 500, "the Cybersecurity Regulations") ...
United States
29 Aug 2018
TCPA Update – Predictive Dialer Held Not To Be An ATDs
The issue of whether a predictive dialer constitutes an automatic telephone dialing system ("ATDS") under the Telephone Consumer Protection Act ("TCPA") has been a critical litigation...
United States
2 Aug 2018
"California Enacts Broad-Reaching Consumer Privacy Legislation"
With Governor Jerry Brown's signature this afternoon, the California legislature passed the most sweeping privacy legislation in the Nation, to avert what promised to be a wildly expensive...
United States
9 Jul 2018
"California Poised To Enact Broad-Reaching Consumer Privacy Legislation"
With a vote on AB-375 (the "Privacy Bill") in the California Legislature set for June 28, 2018...
United States
5 Jul 2018
Supreme Court Limits American Pipe's Impact On Putative Class Claims
The United States Supreme Court clarified in China Agritech, Inc. v. Resh, 584 U.S. ___ (2018), that the tolling rule announced in American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974) ...
United States
14 Jun 2018
2018 Annual Overview Of California's Unfair Competition Law And Consumers Legal Remedies Act
In California, class action lawyers wield two powerful tools: the Unfair Competition Law (UCL) and the Consumers Legal Remedies Act (CLRA).
United States
10 Apr 2018
DC Circuit Issues Long-Awaited Opinion Addressing Challenges To FCC's 2015 TCPA Ruling
Nearly seventeen months after oral argument in October 2016, the United States Court of Appeals for the District of Columbia issued its unanimous opinion today on the consolidated appeals of the FC...
United States
19 Mar 2018
Preemption Battles & Class Actions Ahead?
On March 2, 2018, a three-judge panel of the Ninth Circuit Court of Appeals reversed the dismissal of a putative class action in Lusnak v. Bank of America, ruling that the National Bank Act...
United States
12 Mar 2018
"Opportunities To Reframe CFPB Enforcement"
The past two weeks have seen major developments in court and at the Consumer Financial Protection Bureau concerning the Bureau's enforcement activities, all closely related to changes in the political winds.
United States
5 Feb 2018
Strategies For Fundamental CFPB Changes
The CFPB announced on January 17, 2018 that it will conduct a review of its enforcement, supervision, rulemaking, market monitoring and education activities – i.e., every component of its regulatory functions.
United States
19 Jan 2018
Cordray Announces November Departure From CFPB
Richard Cordray today announced his departure from the position of Director of the Consumer Financial Protection Bureau by the end of November 2017, well in advance of the natural expiration of his term in July 2018.
United States
16 Nov 2017
"Senate Votes To Reject CFPB Arbitration Rule"
Tonight's vote was a significant rebuke to the agency, whose director Richard Cordray has been under fire for his aggressive approach to regulating the financial services industry.
United States
26 Oct 2017
Ninth Circuit Holds That Previously-Deceived Consumer Has Article III Standing To Seek Injunctive Relief
The Ninth Circuit Court of Appeals recently held that a consumer who brings a false advertising claim may establish Article III standing based on allegations of her inability to rely on the advertising in the future.
United States
25 Oct 2017
What CFPB's First No-Action Letter Signals
The Consumer Financial Protection Bureau ("CFPB" or "Bureau") yesterday issued its first ever No-Action Letter ("NAL") through its Project Catalyst initiative, and the industry.
United States
22 Sep 2017
CFPB Watch
Director Richard Cordray continues to keep watchers of the Consumer Financial Protection Bureau ("CFPB" or "Bureau") guessing as to his departure from the agency.
United States
11 Sep 2017
Ninth Circuit Rules Plaintiff Has Article III Standing In Spokeo, Leaves More Questions Unanswered
On remand from the United States Supreme Court, the Ninth Circuit today addressed the issue of whether plaintiff adequately established standing for his claims asserting violations of the federal Fair Credit Reporting Act...
United States
23 Aug 2017
Second Circuit Holds That Contractually Provided TCPA Consent May Not Be Unilaterally Revoked
The issue is one of first impression at the appellate level but, if the Second Circuit's reasoning is followed by other Circuits, the oft-litigated TCPA claims arising from contractual relationships will...
United States
4 Jul 2017
Affirmed – Defaulted Debt Buyer Not Subject To FDCPA
In his first opinion, Justice Gorsuch yesterday delivered the Supreme Court's unanimous decision in Henson v. Santander Consumer USA Inc., No. 16-349.
United States
14 Jun 2017
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