On September 12, the U.S. Court of Appeals for the Eleventh Circuit reversed a trial court’s certification of a Rule 23(b)(2) “injunctive relief” class, holding that “because what this ‘injunction’ class really wants is damages—and more precisely, because the injunctive remedy that this class seeks would be improper—the answer to [whether the class is viable]
We are pleased to announce that Troutman Sanders attorney Ron Raether will be presenting during the ISMG Fraud & Breach Summit in Washington, DC. The summit will take place at the Mayflower Hotel in Washington, DC and will focus on global security topics such as fraud and breach prevention and on many key industry verticals
We are pleased to announce that Troutman Sanders attorney Sadia Mirza will be presenting during the CCPA ISACA – OC Forum. The forum will be held at the Mile Square Golf Club in Fountain Valley, California on November 14th. Sadia will be presenting at 8:05am PDT on the topic titled, “CCPA: Three Months
On October 17, the Consumer Data Industry Association filed a lawsuit in the District of New Jersey seeking to block a New Jersey state law requiring credit reports to be made available in eleven foreign languages, if requested by the consumer. Specifically, the Association argues that the federal Fair Credit Reporting Act preempts the law
The Consumer Financial Protection Bureau is proposing changes to the Fair Debt Collection Practices Act and the Dodd-Frank Wall Street Reform and Consumer Protection Act (commonly referred to as “Dodd-Frank”). State attorneys general from 28 states have banded together to comment on the changes, which may impact an estimated 49 million American consumers who
The Telephone Consumer Protection Act, while permitting personal liability against officers and directors, continues to shield related corporate entities from liability. The same corporate formalities that impose liability on officers and directors ironically work to shield corporate entities from the same liability.
In Holland v. JPMorgan Chase Bank, plaintiff Steven W. Holland sued
On Oct. 10, the California attorney general released a draft of proposed regulations implementing the California Consumer Privacy Act and is calling on all interested parties to submit comments at the scheduled public hearings, by mail, or by email by Dec. 6.
There are many reasons why all businesses, industries, and impacted parties should consider
California court vindicates HCI (once again) as not covered by TCPA, but finds 70 calls over four months potentially harassing
A recent California decision touched upon two recurring sources of lawsuits against debt collectors: whether calls are subject to the Telephone Consumer Protection Act and whether the sheer number of calls can constitute harassment barred
On September 27, the District Court for the Eastern District of New York dismissed a plaintiff’s complaint alleging violations of the Fair Debt Collection Practices Act, finding a collection letter adequately set forth the amount owed and did so in a manner that was not false, deceptive, or misleading by using safe harbor language adopted
For several years now, New York courts have grappled with the issue of what constitutes revocation of the acceleration of mortgage debt. Because the Appellate Division of New York has four Departments that preside over different counties within the state, the same set of facts has resulted in different outcomes. That may change, however, when