On February 6, 2017, Dorsey partners Eric Epstein, David Scheffel, Nicholas Vlietstra, and Jenny Lee presented a webinar titled, “The Bank Examination Privilege – Current Developments.”
Consumer Financial Services Legal Update Blog
BREAKING: FCC Seeks Comment on Petition Asking it to Overturn Presumed Prior Express Consent Rule for Informational Calls
The Commission announced today that it is soliciting comments on a petition for rulemaking and declaratory ruling filed by Craig Moskowitz and Craig Cunningham.
On February 3, 2017, President Trump signed an Executive Order on “Core Principles for Regulating the United States Financial System.” This is what the Order might mean for the Consumer Financial Protection Bureau (CFPB).
It’s not every day that a federal court describes a regulation as “a ‘mongrel’ – with no offense to dogs.” But last week, that’s how a federal court characterized a Federal Communications Commission (FCC) regulation on the Telephone Consumer Protection Act (TCPA).
Ninth Circuit Further De-Fangs Spokeo in a TCPA Case; Gives Practical Revocation Guidance for the First Time
Yesterday the Ninth Circuit issued a big new decision addressing three of my favorite topics: Spokeo, express consent, and revocation. The decision provides quite a bit to chew on.
Facebook’s Birthday Text Lawsuit Survives Pleadings Stage; TCPA Survives Strict Scrutiny for the First Time
In Colin Brickman, v. Facebook, the Court denied Facebook’s motion to dismiss, determining that the Plaintiff had plausibly alleged the use of an ATDS in connection with birthday text alerts that were sent to his phone.
Dorsey partners Eric Epstein, David Scheffel, and Nicholas Vlietstra have published an article on Columbia Law School’s Blue Sky Blog. The post, “Keeping Bank Examinations Confidential in Litigation,” is based on their legal treatise, The Bank Examination Privilege, which was published this month by the American Bar Association.
The CFPB’s Action Against the Country’s Largest Student Loan Servicer, Navient: Four Things You Need to Know Right Now
In recent posts, this blog discussed how the Consumer Financial Protection Bureau (CFPB) has tightened control over financial institutions, including an overhaul of the regulatory landscape for debt collection and banks. The CFPB has once against exerted its authority—this time in the context of student loans.
As expected, Trump has tapped Commissioner Ajit Pai to Chair the new-look FCC. This is great news for proponents of TCPA reform but, as with all things Commission related, we may not see any tangible results from his ascension for some time.
Democratic Chairman Wheeler announced yesterday that he will follow longstanding agency tradition and step down as Chairman of the FCC in light of the election of Republican Donald Trump as our next POTUS.
Can Trump Make the TCPA Great Again? A Highly-Speculative Look at the Future of the TCPA under a Trump Presidency
It remains to be seen whether Congress will work with President Trump to effect legislative change on key issues like TCPA reform. But, no matter what, I like our chances of seeing some real revisions to the TCPA under Trump’s presidency.
TCPA filings are up over 40% year to date. Indeed, the TCPA is now officially obeying Moore’s Law and doubling every two years. This year we’re on track to scrape 5,000 filings. If the trend continues we’ll be at 7,400 filings next year and flirting with 10k by the end of 2018.
The Eight (8) Things YOU Need to Know About This Week’s Big Oral Argument on the ACA Appeal of the FCC’s TCPA Omnibus Ruling
The DC Circuit Court of Appeals heard oral argument on Wednesday. This was a spectacle that did not disappoint. The advocacy was superb, the panel’s questions were telling and the exchanges with counsel were lively and, at times, exceptionally humorous.