I was contemplating a monthly column given the confusion surrounding the FCC’s recent rulings. I guess I better make it weekly.
Consumer Financial Services Legal Update Blog
Do as We Say, Not as We Do: Government Agency (Deliciously) Exempts Itself—and the Rest of the Government—From the TCPA
While you were off barbecuing and lighting fireworks this weekend the FCC’s staff was feverishly working to give Uncle Sam a birthday present—free reign to robocall your cell phone! That’s right, effective immediately the TCPA no longer applies to the federal government or any of its agencies or contractors.
Dorsey TCPA Team Earns the Country’s First Post-Spokeo Dismissal of a TCPA Case for Lack of Article III Standing
Dorsey’s TCPA litigation team continues to thrive on the cutting edge. In a first of its kind ruling, a Pennsylvania District Court ruled today that plaintiffs who manufacture Telephone Consumer Protection Act (“TCPA”) lawsuits are no longer welcome in Federal Court.
On May 9, 2016, Integrity Advance, LLC and its CEO James Carnes filed suit against the Consumer Financial Protection Bureau (“CFPB”) in United States District Court for the District of Columbia seeking to enjoin the CFPB from continuing to prosecute an administrative enforcement action under the Consumer Financial Protection Act (“CFPA”) in which the CFPB alleged unfair, deceptive or abusive lending practices.
What You Need to Know about CFPB’s Proposal to Ban Mandatory Arbitration Clauses in Financial Contracts
On May 5, 2016, the Consumer Financial Protection Bureau (the “CFPB”) published in the Federal Register its 376-page proposed rule to limit the use of mandatory arbitration clauses in certain financial contracts.
Dorsey’s TCPA Team Earns First-of-Its-Kind Order Staying Individual TCPA Case Pending D.C. Circuit’s Ruling on Consolidated Appeal of the FCC’s 2015 Omnibus Order
On June 14, 2016, Dorsey’s Telephone Consumer Protection Act (“TCPA”) litigation team secured a stay in an individual TCPA case in the Northern District of Georgia pending the D.C. Circuit’s decision in ACA Int’l, et al. v. Fed. Commc’n Comm’n, No. 15-1211 (D.C. Cir. July 13, 2015).
Tax Lien on Me: Fifth Circuit Holds the Transfer of a Tax Lien is not Subject to the Truth in Lending Act
On April 29, 2016, the United States Court of Appeals for the Fifth Circuit held that the transfer of a tax lien does not constitute an extension of “credit” subject to the protections of the Truth in Lending Act (“TILA”).
Third Circuit: The Repossession of Your Car as Collateral on a Usurious Loan is Not an FDCPA Violation
The U.S. Court of Appeals for the Third Circuit recently held that a repossession company did not violate the Fair Debt Collection Practices Act (“FDCPA”) when it repossessed the defaulting debtor’s car, even though the loan may have been usurious.
On April 4, 2016, the U.S. Bankruptcy Court for the Eastern District of New York issued a decision that may significantly change the landscape of student debt relief. In re Decena, No. 15-72903, 2016 WL 1371031 (Bankr. E.D.N.Y. Apr. 4, 2016). Per Judge Robert Grossman, the court discharged the student loan of a hapless medical school graduate who studied at a non-accredited medical school in West Africa.
A District Court in Arkansas just drew a line in the sand. An automatic telephone dialing system (“ATDS”), it held, is more than hearing “a beep and a pause.” And, yes, human intervention really does matter.
TCPA Team Scores Win For Dorsey Client: Court Prohibits Plaintiff From Seeking Deposition Testimony on Unrelated Prior Complaints
On May 18, 2016, Dorsey’s Telephone Consumer Protection Act (“TCPA”) team scored a major victory on behalf of one of its financial services clients when the District Court for the Middle District of Florida granted its protective order motion on the eve of the scheduled deposition.
The Supreme Court Hates Your No-Damage Class Action: Spokeo Decision Likely to End Big-Dollar TCPA Class Actions
In its latest landmark decision, Spokeo, Inc. v. Robins, the United States Supreme Court ruled definitively today—and in “once and for all” fashion—that Congress cannot create an “injury in fact” out of thin air by enacting a statute.
Eleventh Circuit Holds that Borrower’s TILA Claims Are Subject to Agreement’s Forum Selection Clause
The Eleventh Circuit Court of Appeals recently held that a borrower’s Truth-in-Lending-Act (“TILA”) claim fell within the scope of a loan agreement’s forum selection clause.