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Searching Content indexed under Litigation, Mediation & Arbitration by Michael Lacy ordered by Published Date Descending.
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1
Court Grants Final Approval Of $1.2M FCRA Class Action Settlement Against Petco
On November 16, the United States District Court for the Southern District of California granted final approval of a $1.2 million Fair Credit Reporting Act class action settlement against Petco Animal Supplies, Inc.
United States
29 Nov 2018
2
Supreme Court To Weigh In On FCC Deference In TCPA Junk Fax Case
The U.S. Supreme Court has granted a petition by a healthcare company to consider whether courts must give deference to the FCC's legal interpretation of the Telephone Consumer Protection Act.
United States
20 Nov 2018
3
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
4
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
5
Ninth Circuit Relies On Spokeo To Affirm Dismissal Of FACTA Suit
On February 21, the Ninth Circuit affirmed a district court's dismissal of an action brought under the Fair and Accurate Credit Transactions Act ("FACTA"), finding that the plaintiff ...
United States
27 Feb 2018
6
District Court Relies On Spokeo To Dismiss FACTA Suit
On November 6, a judge in the Southern District of New York dismissed a proposed class action alleging that Wolfgang's Steakhouse impermissibly printed payment card expiration dates on customers' receipts ...
United States
15 Nov 2017
7
Congress Kills CFPB's Arbitration Ban For Financial Services Companies, Returning Focus To State V. Federal Court Wars
On Tuesday, October 24, 2017, the Senate voted to nullify the Consumer Financial Protection Bureau's ("CFPB") arbitration rule (the "Rule") in a 51-50 vote.
United States
6 Nov 2017
8
Congress Kills CFPB's Arbitration Ban For Financial Services Companies, Returning Focus To State v. Federal Court Wars
On Tuesday, October 24, 2017, the Senate voted to nullify the Consumer Financial Protection Bureau's ("CFPB") arbitration rule (the "Rule") in a 51-50 vote.
United States
3 Nov 2017
9
Supreme Court Rules That Filing A Proof Of Claim On A Time-Barred Debt Does Not Violate The FDCPA
On May 15, 2017, the United States Supreme Court ruled that the Eleventh Circuit erred when it found a debt buyer liable under the Fair Debt Collection Practices Act...
United States
22 May 2017
10
Federal Court Transfers Payment Processor's Case Seeking Collection Of $4.5M Judgment
A New York payment processor successfully defended one personal jurisdiction challenge, but lost the other in the Northern District of Texas.
United States
10 Mar 2017
11
Seventh Circuit Relies On Spokeo Reasoning To Dismiss FACTA Case For Lack Of Standing
On December 13, the Seventh Circuit Court of Appeals ordered the dismissal of a proposed class action alleging that a restaurant did not properly truncate credit card expiration dates on receipts...
United States
28 Dec 2016
12
District Court Rules Credit Card Debt Collection Dispute Must Be Arbitrated
On December 2, Judge Valerie Caproni of the Southern District of New York ruled that a class action suit alleging violations of the Fair Debt Collection Practices Act must be arbitrated.
United States
10 Dec 2016
13
Fourth Circuit Rejects FDCPA Liability For Filing Proofs Of Claim On Time-Barred Debt
On August 25, 2016, the Fourth Circuit held in In re Eric Dubois, Case No. 15-1945, that filing a proof of claim based on a time-bared debt in a Chapter 13 bankruptcy does not violate the FDCPA...
United States
5 Sep 2016
14
FTC And Florida Seek Redress Against Credit Card Payment Processor For Role In Telemarketing Debt Relief Scam
In late December, the Federal Trade Commission and Florida Attorney General filed an amended complaint in an action pending in the United States District Court for the Middle District of Florida that charged nine defendants...
United States
20 Jan 2016
15
FTC Settles Charges Involving Credit Card Laundering Scheme Participants
On December 22, the Federal Trade Commission announced a settlement of a pending lawsuit brought under the Telemarketing Sales Rule against participants in an alleged credit card...
United States
4 Jan 2016
16
Missouri Federal Court Finds FDCPA's Limitations Period Is Jurisdictional And Rejects Credit Reporting Claims Against Debt Collector
On July 14, the U.S. District Court for the Eastern District of Missouri granted United Collection Bureau's motion for summary judgment in an individual action brought under the Fair Debt Collection Practices Act.
United States
10 Aug 2015
17
Seventh Circuit Finds Plaintiffs Have Standing In Neiman Marcus Data Breach Suit
The appellate decision is styled Remijas et al. v. The Neiman Marcus Group LLC, Case No. 14-3122.
United States
24 Jul 2015
18
FTC Settles $26M Enforcement Action Against Credit Card Payment Processor
On May 5, the Federal Trade Commission obtained court approval of a settlement against CardFlex, Inc. and its CEO and President, Andrew Phillips, and Executive Vice President of Operations, John Blaugrund.
United States
15 May 2015
19
Eleventh Circuit Upholds Summary Judgment In Favor Of Credit-Card Account Servicer In FSCA Action
In Stalley, the defendant-servicer placed several telephone calls to a home phone number in Florida regarding a consumer's credit card accounts.
United States
31 Mar 2015
20
Retailers Lodge Constitutional Challenge To Florida Credit Card Law
On February 11, a group of Florida retainers filed an appeal before the Eleventh Circuit Court of Appeals that, in part, challenges Florida’s law prohibiting merchants from charging "swipe fees" on credit card sales.
United States
24 Feb 2015
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