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News & Knowledge

In Case You Missed It: Consumer Financial Services Law Monitor - November in Review


We have posted several new topics to the Consumer Financial Services Law Monitor blog throughout the month of November. To read further, click on the titles below:

Featured Posts / Client Alerts

Auto Finance

Court Slashes Plaintiff’s Award of Attorneys’ Fees Due to Defendant’s Substantial Settlement Offer Made Prior to Trial

District of Minnesota Breaks New Ground for Wrong Number Cases Under TCPA

Federal Judge Grants Summary Judgment in Favor of Debt Collector in TCPA, FDCPA Case Over Calls to Reassigned Number

Background Screening

Class Actions Agrees to Settle TCPA Class Action for $28M

Lawmakers Introduce Bill to Prevent Mandatory Arbitration Provisions for Workers

Supreme Court Examines Limits of Cy Pres Disbursements in Class Action Lawsuits

Eleventh Circuit Holds Consumers Are Bound by Arbitration Provision Appearing on Product Wrapper

Not in the Spirit for Class Arbitration

Tampa Bay Rays Almost Strike Out on TCPA Class Action Dismissal Attempt

Credit Reporting & Data Brokers

Cyber Security, Information Governance & Privacy

One Breach, Two Breach, Three Breach! – A Closer Look at the Proposed Settlement for the In Re: Yahoo! Inc. Customer Data Security Breach Litigation

FCC Chairman Proposes Reassigned Numbers Database and Supports Blocking of Spam Robotexts

They’re Coming for Robocalls! Senators Unveil Bipartisan Proposal

Debt Buyers & Collectors

District Court Rules Debtor’s Court Filings Disputing Debt May Put Debt Collector on Notice for Potential Class Action Violation of FDCPA

District Court Holds Collection Letter’s Validation Notice Ambiguous in Light of Third Circuit Precedent that All Disputes be Made in Writing

The Documents Speak for Themselves – 7th Circuit Holds Oral Testimony is Insufficient to Defeat Documentary Evidence in FDCPA Case

Eleventh Circuit Affirms Dismissal of Consumer’s FDCPA Claim for Failing to State a Plausible Claim for Relief

Debt Collector Not Obligated to Orally Disclose Expiration of Statute of Limitations on Time-Barred Debt

Fifth Circuit Affirms District Court’s Decision, Awards No Fees to Plaintiff’s Counsel for Successful FDCPA Claim Due to “Special Circumstances” Exception

Federal Court Shuts Door on Motion to Dismiss in FDCPA Case Based on Counterclaims in Previous Collections Lawsuit

Mortgage Lenders and Servicers

Virginia Supreme Court Clarifies Statute of Limitations for Mortgagor Contract Claims

Change is Coming! (to the Federal Rules of Civil Procedure)

Just Not Enough: Court Deems Zillow’s Co-Marketing Program to be Consistent with Real Estate Settlement Procedures Act of 1974

Seventh Circuit Holds that Borrower Failed to Show Harm Caused by Servicer’s QWR Response

Lone Court Decision Complicates Question Regarding Effect of Bankruptcy Under WVCCPA

Payment Processing & Credit Cards

Amendments to Reg CC Adopting Presumption of Check Alteration Go Into Effect on Jan. 1, 2019

Closely Watched Credit Card Surcharge Litigation Back in Second Circuit for Constitutional Review

State Attorneys General, CFPB & FTC

Student Lending

Debt Picture Gets Worse in Third Quarter of 2018

NexGen Student Loan Servicing: What You Need to Know


District Court Holds Use of Human Intervention in Creation of Text Message Lists Sufficient to Defeat TCPA Claim

Wisconsin District Court Muddies Waters Surrounding Definition of an ATDS in Post-ACA International World

Supreme Court to Weigh in on FCC Deference in TCPA Junk Fax Case

Court Grants Summary Judgment to Defendant in TCPA Case Involving Reassigned Telephone Number

District Court Rejects Argument that Pharmacy Prescription Calls are Protected by TCPA Emergency Purposes Exception