Searching Content indexed under Trials & Appeals & Compensation by Michael Lacy ordered by Published Date Descending.
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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
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
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
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
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
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
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
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
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
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
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
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
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
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
Minnesota AG Files Suit Against Texas Credit Card Firm
Minnesota's attorney general sued a Texas credit card processor, accusing the Apex Merchant Group of using bait and switch tactics to rip off small businesses.
United States
30 Oct 2014
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