On May 15, 2017, the Supreme Court issued a 5-3 decision holding that it is not a violation of the Fair Debt Collection Practices Act to file a proof of claim in bankruptcy related to a debt for which the statute of limitations has expired, resolving a previous circuit court split regarding the issue.
Consumer Financial Services Legal Update Blog
Last Wednesday, a federal district court in Arizona held that a TCPA plaintiff was compelled to arbitrate his dispute against the holder of his wife’s lease solely because his wife had agreed to an arbitration agreement in connection with the lease.
Browsewrap Disclosure Held Insufficient to Constitute “Prior Express Written Consent” Even for a Healthcare-Related Call
Folks involved with selling health insurance, or anything else for that matter, relying upon browsewrap website terms might want to give Sullivan v. All Web Leads, Inc. a careful read. Although the ruling took place at the pleadings stage, the Court’s approach to a complaint alleging calls made to individuals requesting health care quotes after submitting personal information on a website is important for industry participants to consider.
Judge Bumb Answers Key Question That No One Asked: TCPA Plaintiff Lacks Standing to Recover on Unanswered Calls
In Watkins v. Wells Fargo Bank, N.A., the Court denied defendant’s summary judgment motion, but stated its belief that a plaintiff can only recover for calls that are actually answered following the Supreme Court’s decision in Spokeo, Inc. v. Robins.
Which is the better policy? Having banking agency heads be removed for only malfeasance and wrongdoing, or be removed for any reason? This question is the critical issue that the judge asked in yesterday’s oral argument in PHH Corporation v. Consumer Financial Protection Bureau that no one is talking about.
For anyone who still thinks that TCPA defense is a simple or straightforward affair, the decision of Harrington v. RoundPoint Mortgage Servicing Corp., 2017 U.S. Dist. LEXIS 55023 (M.D. Fla. Apr. 11, 2017) is a worthy read.
Courts need to examine whether there is enough pled to infer that texts were sent from equipment that has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator. The focus is on the capacity of the equipment used to place the text messages, and not whether they were sent “randomly.”
Dorsey’s Artin Betpera Advocates on Behalf of the Mortgage Industry with the California MBA at the State Capitol
While legislators were furiously debating an increase in the California state gas tax (already one of the highest in the nation), the California Mortgage Bankers Association descended upon their offices to advocate on behalf of the mortgage banking industry.
A number of industry trade associations have hit back with well-reasoned opposition documents submitted in various filings to the FCC just a few days ago.
Student Loan Creditor Off the Hook for Third Party Collectors’ TCPA Violations, But is Not Exempt for Collecting Government Backed Debts
A District Court in the Southern District of California recently cut loose a student loan creditor entangled in a Telephone Consumer Protection Act (TCPA) lawsuit, finding the defendant was not vicariously liable for the alleged TCPA violations by its third party collectors.
In Zambrana v. Pressler & Pessler LLP, the Southern District Court of New York stayed a putative class action against various creditors for alleged violations of the Fair Debt Collection Practices Act (FDCPA), referring the matter to arbitration.
Dorsey partners Eric Epstein, David Scheffel, and Nicholas Vlietstra have authored an article titled, “Ten Key Points about the Bank Examination Privilege,” which has been published by Business Law Today.
On January 12, 2017, Judge Failla of the District Court for the Southern District of New York issued an opinion in a case involving QWR-related claims that provides additional guidance regarding the liability risks that mortgage servicers face in connection with QWRs.