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Searching Content indexed under Litigation, Mediation & Arbitration by David Anthony ordered by Published Date Descending.
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1
BCFP Argues Nonjudicial Foreclosure Is Not Debt Collection Under FDCPA In Amicus Brief Before U.S. Supreme Court
On November 14, the Bureau of Consumer Financial Protection filed an amicus brief with the United States Supreme Court ...
United States
7 Dec 2018
2
Fifth Circuit Affirms District Court's Decision, Awards No Fees To Plaintiff's Counsel For Successful FDCPA Claim Due To "Special Circumstances" Exception
Generally, a successful judgment for a violation of the FDCPA allows for an award of attorney's fees for the consumer's counsel.
United States
5 Dec 2018
3
Debt Collector Not Obligated To Orally Disclose Expiration Of Statute Of Limitations On Time-Barred Debt
Does a debt collector risk violating the Fair Debt Collection Practices Act if it fails to provide an oral disclosure regarding the statute of limitations during an incoming call with a consumer?
United States
30 Nov 2018
4
Virginia AG Untangles Online Lending Web And Obtains $50 Million Judgment
This swift action embodies Attorney General Mark Herring's recent effort to vigorously enforce Virginia's lending laws.
United States
30 Nov 2018
5
SCOTUS To Address Impact Of FCC's TCPA Rulings On Courts
The United States Supreme Court has granted certiorari to a Telephone Consumer Protection Act (TCPA) case that could fundamentally shape the interpretation of one of the most litigated statutes in America.
United States
21 Nov 2018
6
SCOTUS To Address Impact Of FCC's TCPA Rulings On Courts
The United States Supreme Court has granted certiorari to a Telephone Consumer Protection Act case that could fundamentally shape the interpretation of one of the most litigated statutes in America.
United States
20 Nov 2018
7
Eighth Circuit Holds That Plaintiff Who Consented To Alleged FCRA Violation Lacks Standing
a recent Eighth Circuit case, the appellate court vacated the district court's orders, holding that the plaintiff lacked Article III standing to bring her Fair Credit Reporting Act claims in federal court.
United States
14 Nov 2018
8
Arbitration Compelled In FCRA Dispute: Washington Federal Court Rules In Student Loan Servicer's Favor, Citing Broad Language In Underlying Note
Troutman Sanders will continue to monitor these developments and provide any further updates as they are available.
United States
14 Nov 2018
9
Court Holds Collector Not Required To Warn About Potential Award Of Court Costs
Despite two controlling decisions by the Second Circuit in Avila and Taylor, claims involving the "amount of debt" disclosure under the Fair Debt Collection Practices Act ("FDCPA")
United States
14 Nov 2018
10
FCRA's Permissible Purpose Is Broad Enough To Overcome Attempted Restrictions By Consumer
Citing Seventh Circuit precedent, the Eastern District of Wisconsin recently held the broad scope of the Fair Credit Reporting Act's permissible purpose includes use that disregards an attempted restriction request...
United States
13 Nov 2018
11
West Virginia's WVCCPA § 46A-5-108 Cure Statute – A Year In Review
On July 4, 2017, W. Va. Code § 46A-5-108 went into effect, requiring West Virginia consumers to send a written "Notice of Right to Cure" ...
United States
4 Oct 2018
12
Third Circuit Rejects Plaintiffs' Disclosure-Based FCRA Class Claim On Spokeo Grounds
On September 10, the Court of Appeals for the Third Circuit in Long v. Southeastern Pennsylvania Transportation Authority ruled that a group of plaintiffs lacked standing to assert claims brought under the FCRA ...
United States
2 Oct 2018
13
Overshadowing Claim Ruled Viable In New Jersey
On August 16, Judge Freda L. Wolfson of the District of New Jersey ruled that a consumer plaintiff's claim that insurance language overshadowed the required debt validation warning can proceed.
United States
1 Oct 2018
14
Eleventh Circuit: Availability Of Class Arbitration Where Agreement Is Silent Is Question Of Arbitrability For Court To Decide
On September 19, the Eleventh Circuit Court of Appeals issued an opinion illustrating the importance of careful drafting of arbitration agreements.
United States
26 Sep 2018
15
ALERT For Ninth Circuit And TCPA: A System That Has The Capacity To Automatically Dial Stored Numbers Is An ATDS
On September 20, 2018, the Ninth Circuit in Marks v. Crunch San Diego, LLC (Case: 14-56834), overturned a lower court's ruling that a text messaging system ...
United States
26 Sep 2018
16
Expanding Authority: How The Virginia Attorney General Has Used The Virginia Consumer Protection Act To Augment Its Reach
The Virginia Consumer Protection Act (VCPA), Virginia Code § 59.1-196 et seq., represents the Virginia General Assembly's effort to enact a sweeping and potent remedial tool to protect consumers ...
United States
17 Sep 2018
17
DC Federal Court Dismisses FACTA Class Action On Standing Grounds
On August 3, the U.S. District Court for the District of Columbia dismissed a putative class action brought under the Fair and Accurate Credit Transactions Act ...
United States
15 Aug 2018
18
Oregon Court Dismisses FCRA Class Claim Against Employer
On June 21, the United States District Court in Oregon dismissed a plaintiff's class action complaint alleging his potential employer violated the disclosure and pre-adverse action notification...
United States
11 Jul 2018
19
Man Bites Dog: Consumer Attorneys Required To Pay Defendant
On May 31, the Fourth Circuit Court of Appeals affirmed a $150,000 sanctions award against three consumer attorneys and their law firms for bad faith conduct and misrepresentations.
United States
12 Jun 2018
20
U.S. Supreme Court Upholds Class Action Waivers In Employment Contracts, Adding To Its Decisions Consistently Enforcing Arbitration Provisions
On May 21, the U.S. Supreme Court, in a 5-4 decision penned by Justice Neil Gorsuch, held that employers can include a clause in their employment contracts that requires employees to arbitrate...
United States
24 May 2018
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