October 2019

On October 7, California Governor Gavin Newsome signed SB 616 into law. This new law, which goes into effect on September 1, 2020, includes changes to California law regarding garnishments. SB 616 amends California Code of Civil Procedure (CCCP) § 699.520, revising requirements for a writ of execution. The content of a notice of

In recent years, insureds have filed an increasing number of lawsuits against healthcare payors challenging their decision to deny coverage for “wilderness therapy”— a form of residential mental and behavioral health treatment involving therapy provided in a non-traditional outdoor or natural settling. Over the past decade, it has become an increasingly popular treatment option for

The Fair Debt Collection Practices Act requires a debt collector to inform consumers of the “name of the creditor to whom the debt is owed” within five days after its initial communication with a consumer regarding a debt. 15 U.S.C. § 1692g(a). And § 1692e(10) prohibits the use of any “false representation or deceptive means

A recent report issued by the Consumer Financial Protection Bureau Private Education Loan Ombudsman recommends actions against scammers who seek to take advantage of and abuse student loan borrowers by offering no-value and sometimes harmful services.

On October 15, the Consumer Financial Protection Bureau Private Education Loan Ombudsman issued its 2019 Annual Report, which actually

In Frank v. Cannabis & Glass, LLC, No. 2:19-cv-00250-SAB (E.D. Wash. Oct. 1, 2019), the federal court for the Eastern District of Washington held that a minor role in a causal chain was not sufficient to “make” a call for purposes of liability under the Telephone Consumer Protection Act.

This case arose after Roberta

In a non-precedential ruling, the Court of Appeals for the Third Circuit upheld a district court decision to grant summary judgment in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act.

The plaintiffs – a condominium owner and his children – lapsed on payments owed to a condominium agency,

The Consumer Financial Protection Bureau is amending Regulation C under the Home Mortgage Disclosure Act (HMDA), extending the current temporary threshold for collecting and reporting data about open-end lines of credit until January 1, 2022. The rule also incorporates partial exemptions from the Economic Growth, Regulatory Relief, and Consumer Protection Act

With oversight from the Securities and Exchange Commission, the Financial Industry Regulatory Authority is preparing revisions to its rules aimed at amending the process for expungement filings and hearings. FINRA believes its new rules will increase the level of scrutiny on licensed brokers and financial advisors seeking to erase customer complaints from their regulatory records.

Square, the credit card processing company, now allows sellers of cannabidiol (CBD) products to use its services. Merchants can apply to accept payments for CBD transactions through Square’s platform for both online and brick-and-mortar sales. The move offers streamlined payment processing for a rapidly growing industry mired in regulatory uncertainty.

CBD

On October 22, a proposed class of over 7,000 former college students filed a lawsuit against Education Secretary Betsy DeVos and the Department of Education (DOE) in the United States District Court for the District of Massachusetts, citing the department’s “enduring refusal to discharge the federal student loans”