The Federal Trade Commission has issued a Final Rule rescinding several Model Forms and Disclosures it had promulgated under the Fair Credit Reporting Act. The FTC determined these Model Forms and Disclosures were no longer necessary following the transfer of rulemaking authority associated with these forms to the Bureau of Consumer Financial Protection (“CFPB”) under the
On May 13, the Consumer Financial Protection Bureau announced its plans for periodically reviewing the regulations it oversees, in accordance with the Regulatory Flexibility Act (“RFA”). In a second statement issued the same date, the CFPB announced it would begin the process with a review of the Overdraft Rule, which amended Regulation E implementing the
The Supreme Court, in a unanimous decision authored by Justice Clarence Thomas, ruled yesterday that the same False Claims Act statute of limitations period applies whether an action is brought and pursued by a private person, known as a “relator,” or by the government. The opinion focuses on the plain language of the statute and
The Federal Trade Commission’s recent settlement with online consumer lender Avant, LLC provides a reminder to fintech companies of the importance of ensuring regulatory compliance, while delivering innovative solutions to the financial services industry. On April 15, Avant agreed to settle a lawsuit by the FTC accusing the e-lender of “engag[ing] in a pattern of
On February 26, the Supreme Court held in a unanimous decision that the deadline to seek permission for an interlocutory appeal of a decision granting or denying class certification cannot be extended through equitable tolling. Rule 23(f) of the Federal Rules of Civil Procedure allows for an interlocutory appeal of class certification orders, but
The Eighth Circuit recently provided a reminder that district courts must ensure Article III standing, including case and controversy requirements, exists throughout a case and not just when the complaint is filed. In Schumacher v. SC Data Ctr., Inc., No. 17-3112, 2019 U.S. App. LEXIS 505 (8th Cir. Jan. 8, 2019), the three
On January 15, amicus briefs were filed in the much awaited Telephone Consumer Protection Act (“TCPA”) case currently before the Supreme Court, PDR Network LLC, et al. v. Carlton & Harris Chiropractic. Following filing of PDR Network’s opening brief, which we discussed here, four amici filed briefs: State and Local Government Associations;
The Supreme Court granted certiorari in Cochise Consultancy, Inc. v. United States, ex rel. Hunt to resolve a three-way circuit split over the applicable statute of limitations when the government declines to intervene in a False Claims Act case.
The FCA was enacted in response to widespread fraud related to the sale of wartime necessities
The district court in the Northern District of Illinois granted summary judgment to the defendant in a TCPA case on the grounds that its dialing system no longer fit the definition of an automatic telephone dialing system (“ATDS”) because it dialed numbers from a stored list. In doing so, the Court reversed its
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