11.16.23
In a significant development for state nonmember banks with assets of at least $10 billion (Covered Institutions), the Federal Deposit Insurance Corporation (FDIC) has recently proposed comprehensive corporate governance and risk management guidelines (NPR) that would impose significant ...
11.07.23
The Federal Communications Commission (FCC) issued its largest fine to date, totaling $299,997,000, in an action against an auto warranty scam robocall operation run by an international network.
A text message does not qualify as an “artificial or prerecorded voice” under the Telephone Consumer Protection Act (TCPA), the Ninth U.S. Circuit Court of Appeals has ruled.
A single text is sufficient to establish standing for purposes of the Florida Telephone Solicitation Act (FTSA), the Eleventh U.S. Circuit Court of Appeals recently held in an unpublished per curiam opinion, doubling down on its change of heart in the en bancDrazen II decision.
10.30.23
The big regulatory news out of the FTC in October is a Notice of Proposed Rulemaking on Unfair or Deceptive Fees, or as the Commission calls them, “Junk Fees.”
The Federal Trade Commission (FTC) issued a sweeping new proposed rule that would require practically all businesses to change the way they disclose the price of goods and services they sell to provide more transparency to consumers.
09.14.23
On September 8, 2023, the U.S. District Court for the Eastern District of Texas issued an opinion and order vacating a March 2022 anti-discrimination update to the UDAAP section of the Consumer Financial Protection Bureau’s (“CFPB” or “Bureau”) Supervision and ...
09.13.23
A unanimous en banc Eleventh U.S. Circuit Court of Appeals reversed the court’s prior precedent and ruled that the receipt of a single text message is sufficient to establish Article III standing for purposes of a Telephone Consumer Protection Act suit.
The Seventh U.S. Circuit Court of Appeals declined to follow Federal Communications Commission guidance when it ruled that faxes offering a “free dinner” did not run afoul of the Telephone Consumer Protection Act.
The failure of a plaintiff in a Telephone Consumer Protection Act action to properly identify the defendant led a New Jersey federal court to dismiss the action with prejudice.