On December 4, the Federal Trade Commission announced that it is seeking comment on whether the agency should make changes to rules requiring that financial institutions and creditors take certain steps to detect signs of identity theft that may affect their customers.
In a press release, the FTC stated that as part of its
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, meaning the plaintiff’s claims on behalf of himself, his company, and the purported class were untimely.
In Weitzner v.
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, pursuant to Bristol-Meyers Squibb, broadly holding that due process “bars nationwide class actions in fora where the defendant is not subject to general jurisdiction.” The case is Mussat v.
We are pleased to announce that Troutman Sanders attorney Mary Zinsner will be presenting during the State Bar of Georgia’s Corporate Counsel Institute at the Renaissance Waverly Hotel in Atlanta, Georgia. Mary will be on a panel named: “Fraud, Embezzlement and Business Email Compromise: What Every Corporate Counsel Needs to Know,” on December 14 at
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 of class settlement funds. The Guidance is consistent with, but broader than, the latest amendments to Rule 23 of the Federal Rules of Civil Procedure, effective December 1,
In Roark v. Credit One Bank, N.A., 2018 U.S. Dist. LEXIS 193252 (D. Minn. Nov. 13, 2018), the District of Minnesota added to the changing landscape for claims under the TCPA since the D.C. Circuit’s decision in ACA Int’l v. FCC, 885 F.3d 687 (D.C. Cir. 2018). In addition to adding its voice
On November 14, the Bureau of Consumer Financial Protection filed an amicus brief with the United States Supreme Court, arguing a law firm’s nonjudicial foreclosure actions to enforce a security interest on a mortgage debt fell outside the purview of the Fair Debt Collection Practices Act because the activity did not constitute “debt collection.”
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? In a comprehensive opinion, a district court just issued a resounding “no.”
In Douglas v. NCC Business Services, Inc., consumer
On November 20, the Middle District of Florida largely allowed a putative Telephone Consumer Protection Act class action against the Tampa Bay Rays to continue, granting in part and denying in part the baseball team’s motion to dismiss plaintiff Chad Fernandez’s complaint.
Fernandez’s TCPA class claims are premised on text messages allegedly sent to
Early this month, in Smith v. Rite Aid Corporation, 2018 WL 5828693 (W.D.N.Y. Nov. 7, 2018), the district court declined to rule that pharmacy prescription reminder calls come within the statutory emergency purposes exception to Telephone Consumer Protection Act restrictions, causing some uncertainty as to whether health care notifications may be sent via text
