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1
FERC Largely Rejects Complaint Alleging PJM Improperly Adjusted Market Prices After Transmission Outages
Regarding the second outage, Monterey argued that PJM acted without authority when it adjusted initially posted real-time prices.
United States
18 Dec 2018
2
Virginia Supreme Court Affirms Forbearance Agreement Did Not Waive Right To Foreclose
On November 21, in Sweely Holdings LLC v. SunTrust Bank et al., the Supreme Court of Virginia issued an opinion that is beneficial to the mortgage industry in Virginia because it upheld a bank's right
United States
13 Dec 2018
3
National TCPA Class Action Nixed Under Bristol-Meyers Squibb
A United States district court in Illinois recently granted a non-resident defendant's motion to strike the class definition in a putative nationwide TCPA class action.
United States
10 Dec 2018
4
Third Circuit Court Of Appeals Declines To Apply American Pipe Tolling To Class Claims, Claims Of Named Plaintiff, And Claims Of Named Plaintiff's Company
On November 27, the Third Circuit Court of Appeals affirmed a district court's dismissal of a second putative Telephone Consumer Protection Act class action on the grounds that the American Pipe tolling principles did not apply.
United States
10 Dec 2018
5
Northern District Of California Issues Guidance To Increase Scrutiny Of Class Action Settlements
On November 1, the Northern District of California announced new Procedural Guidance for Class Action Settlements, aimed at increasing transparency in class settlements and the disbursement ...
United States
7 Dec 2018
6
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
7
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
8
District Of Minnesota Breaks New Ground for Wrong Number Cases Under TCPA
The Court first considered whether the calls were made using an ATDS.
United States
5 Dec 2018
9
District Court Rejects Argument That Pharmacy Prescription Calls Are Protected By TCPA Emergency Purposes Exception
Early this month, in Smith v. Rite Aid Corporation, 2018 WL 5828693 (W.D.N.Y. Nov. 7, 2018),
United States
3 Dec 2018
10
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
11
Tampa Bay Rays Almost Strike Out On TCPA Class Action Dismissal Attempt
Second, the Rays also moved to dismiss based on Fernandez's ability to bring the case as a class action.
United States
30 Nov 2018
12
Not In The Spirit For Class Arbitration
Spirit seeks resolution of two issues from the Supreme Court.
United States
30 Nov 2018
13
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
14
Federal Judge Grants Summary Judgment In Favor Of Debt Collector In TCPA, FDCPA Case Over Calls To Reassigned Number
Does minor human involvement disqualify a telephony device as an automatic telephone dialing system, or "ATDS," for purposes of liability under the Telephone Consumer Protection Act?
United States
30 Nov 2018
15
United States
29 Nov 2018
16
Seventh Circuit Holds That Borrower Failed To Show Harm Caused By Servicer's QWR Response
In November 2012, a Wisconsin state court entered a foreclosure judgment against Terrence Moore due to his longstanding payment default on a mortgage serviced by Wells Fargo.
United States
29 Nov 2018
17
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
18
Eleventh Circuit Affirms Dismissal Of Consumer's FDCPA Claim For Failing To State A Plausible Claim For Relief
In a recent decision, the Eleventh Circuit affirmed the Middle District of Alabama's dismissal of a consumer's claim under § 1692g of the Fair Debt Collection Practices Act...
United States
26 Nov 2018
19
Lender's Requirement Of Dispute-Free Credit Report Does Not Violate ECOA
The Eastern District of Wisconsin issued a ruling dismissing an Equal Credit Opportunity Act case that asserted a novel claim regarding discrimination by a lender in requiring that the applicant...
United States
26 Nov 2018
20
Court Grants Summary Judgment To Defendant In TCPA Case Involving Reassigned Telephone Number
A Minnesota District Court judge granted summary judgment on November 13 in favor of the defendant in Roark v. Credit One Bank, N.A., a Telephone Consumer Protection Act lawsuit...
United States
26 Nov 2018
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