Newsletters

03.15.18

Madden Closer to Being Fixed

Inching one step closer to passage, the full House of Representatives approved the so-called Madden fix bill by a vote of 245 to 171. 


03.09.18

No Vicarious Liability Without Ratification, Ninth Circuit Rules

A trio of payday lenders and two marketing companies did not indirectly violate the Telephone Consumer Protection Act (TCPA) by working with a lead generator that used an automated program to send text message ads, the U.S. Court of Appeals for the Ninth Circuit recently ruled.


03.09.18

Florida Court: No ATDS, No TCPA Suit

Finding that the telephone system used by the defendant was not an automatic telephone dialing system (ATDS), a Florida federal court dismissed a putative TCPA class action.


03.09.18

Too Soon to Dismiss TCPA Action, Court Decides

A Connecticut judge denied a motion to dismiss a putative TCPA class action, ruling that whether the faxes at issue were unsolicited remains in dispute.


03.09.18

Consent Revocation a Factual Inquiry Precluding Summary Judgment

A federal judge in the Middle District of Florida denied cross motions for summary judgment in Patterson v. Ally Financial, Inc., holding that whether the plaintiff effectively revoked consent to receive calls “is a fact-sensitive inquiry” precluding summary judgment in favor of either ...


03.09.18

Eleventh Circuit’s Decision on Partial Revocation Stands

The Eleventh Circuit declined to reconsider its decision in Schweitzer v. Comenity Bank, denying the defendant’s motion to rehear the case.


02.28.18

FTC Halts Mortgage Loan Modification Scam

The Federal Trade Commission (FTC) put a stop to a mortgage loan modification operation, filing suit in Nevada federal court alleging violations of the Mortgage Assistance Relief Services (MARS) Rule and the FTC Act.


02.28.18

Failed Bank Wins Coverage Despite Prior Acts Exclusion

Despite the existence of a prior acts exclusion in an insurance policy, the officers and directors of a failed bank were entitled to coverage for a lawsuit brought by the Federal Deposit Insurance Corporation (FDIC), the U.S. Court of Appeals for the Eleventh Circuit recently ruled.


02.28.18

Key Whistleblower Decision Addresses Scope of Dodd-Frank Protections

In a unanimous decision issued on February 21, 2018, the U.S. Supreme Court held that the anti-retaliation provisions of the 2010 Dodd-Frank law protect only those whistleblowers who report information to the Securities and Exchange Commission (SEC).


02.16.18

Passive Investors in Payday Lending Operations Get Partial Reprieve

While tossing certain claims brought by Pennsylvania’s attorney general, a federal judge denied part of a motion to dismiss brought by online short-term lenders in an action accusing them of “renting” Native American tribes and out-of-state banks.