Trump University filed a motion to compel the New York State Attorney General to produce the names of the consumers who were allegedly defrauded by Trump University and to produce those witnesses to testify at depositions.
Consumer Financial Services Legal Update Blog
The United States District Court for the Western District of Washington held that before obtaining a consumer’s credit report, a third party judgment creditor must establish that the transaction at issue is a “credit” transaction under the Fair and Accurate Credit Transactions Act (“FACTA”) and Fair Credit Reporting Act (“FCRA”).
The FCC’s 2016 BBA Implementing Ruling Digested (Volume 3): “Making a Call” and “Initiating a Call” Are the Same Thing – Except that They Aren’t
Here’s something a lot of folks—even so-called TCPA “experts—tend to overlook. Most people realize that the TCPA contains two separate provisions with respect to the use of regulated technology to place calls to phone numbers; one applies to cell phones and the other to landlines. But most overlook that the two provisions contain radically different triggers for liability.
Tomorrow is the big hearing entitled, “Modernizing the Telephone Consumer Protection Act” in which the House Communications and Technology Subcommittee, chaired by Rep. Greg Walden (R-OR), will discuss, well, modernizing the TCPA.
On September 15, 2016, Dorsey partners David A. Scheffel, Eric Epstein, and Nicholas A. J. Vlietstra of Dorsey’s Consumer Financial Services Practice Group gave a presentation on the bank examination privilege.
The DC Circuit Court of Appeal has revealed the panel for the ACA, Intl. proceeding challenging the FCC’s oft-criticized 2015 TCPA Omnibus ruling. The judges assigned are Judges Srinivasan, Pillard, and Edwards.
The four-year long saga of Aranda, et al. v. Caribbean Cruise Line, Inc., et al. looks like it will finally be coming to an end.
Within an hour or so of the Supreme Court handing down its landmark ruling in Spokeo v. Robins, 136 S. Ct. 1540 (2016), I had declared the case to be the end of TCPA class litigation.
On July 26, 2016, the D.C. Circuit rejected a consumer class action complaint based on alleged violations of two D.C. consumer protection statutes. Citing the recent U.S. Supreme Court decision in Spokeo, Inc. v. Robins, the D.C. Circuit found that the lead plaintiffs did not sufficiently allege any harm suffered from the alleged violations.
The FCC’s 2016 BBA Implementing Ruling Digested (Volume 2): The TCPA Does Not Apply to the Federal Government, Except that it Does
The 2016 FCC BBA Order is baffling throughout, but the most mystifying element of the ruling is its sleight of hand with respect to the TCPA’s application to calls made by the Federal government. To be crystal clear—the federal government is not a “person” subject to the TCPA. To be even more crystal clear—yes it is. (If you can follow that logic, you just might have a future in government.)
The FCC’s 2016 BBA Implementing Ruling Digested (Volume I): The 10 Things You NEED to Know Before Making Calls to Collect on Government-Backed Debt
On August 11, 2016 the FCC issued its long-awaited ruling implementing the 2016 Bi-Partison Balanced Budget Act (“BBA”) Amendment that carved out collection calls on government-backed debt from TCPA coverage. In re Rules & Regulations Implementing Telephone Consumer Protection Act of 1991 (August 11, 2016) FCC 16–99 (“2016 FCC BBA Order”)
Missed Calls Don’t Cut It: Injury in Fact is Required for Each Call and Must Be Traceable to the Use of an ATDS
In the latest dismissal of a TCPA case for lack of Article III standing, a District Court in California held that a plaintiff does not suffer an injury in fact from calls she did not hear, calls she heard but did not answer, and calls she answered but did not result in an injury traceable to the use of an ATDS.
No More Playing Hookie: FCC Finds That The TCPA’s Emergency Purposes Exemption is Broad Enough to Allow Schools to Report Truancy to Parents (and Other Important Rulings)
Huck Finns of America beware. There will be a lot less time spent at the ole’ fishing hole during schools hours starting next year thanks to a declaratory ruling from the Federal Communications Commission (FCC) issued on August 4, 2016. Effective immediately schools and teachers may leverage automated technologies to send text alerts and pre-recorded messages to parents to swiftly inform them of their child’s unexcused absences.