The Sixth Circuit Court of Appeals recently held that, because Ohio’s privity requirements only require that the interests of one party adequately represent the interests of another, a plaintiff’s Telephone Consumer Protection Act claim was subject to binding arbitration because of a settlement agreement entered into by the plaintiff’s
In Tyler v. Mirand Response Systems, Inc., the Southern District of Texas recently granted summary judgment in favor of a debt collector in a claim brought under § 1692d(5) of the Fair Debt Collection Practices Act.
Plaintiff Nina Tyler had become indebted to her bank, and the debt was transferred to Mirand Response Systems, Inc.
On Thursday, May 30, the United States Court of Appeals for the Fourth Circuit upheld a $61 million verdict in the closely-watched Krakauer v. Dish Network, LLC class action, finding that “the district court properly applied the law and prudently exercised its discretion.” Krakauer v. Dish Network, Case No 18-1518, slip op. at 3
In Powell v. YouFit Health Clubs, LLC, the Southern District of Florida denied class certification on the basis that the named plaintiff was not typical of the class she sought to represent.
Traci Powell brought a Telephone Consumer Protection Act class action against YouFit Health Clubs, claiming that the company had improperly sent
On May 13, Federal Communications Commission Chairman Ajit Pai announced that the FCC will host a summit on July 11 “to examine industry’s progress” toward meeting the FCC’s deadline to implement “more reliable caller ID information to combat malicious spoofed robocalls.”
The summit is part of the SHAKEN/STIR initiative which is an “industry-led” program through
On April 29, New Jersey’s governor signed into law bill A4997, known as the Mortgage Servicers Licensing Act. As the title indicates, the Act creates a licensing regime for servicers of residential mortgage loans secured by real property within New Jersey. As with many state licensing regimes, the Act exempts most banks and
On May 2, the Consumer Financial Protection Bureau issued a Notice of Proposed Rulemaking that proposes to amend disclosure requirements under the Home Mortgage Disclosure Act. Currently, the HMDA requires financial institutions to disclose loan-level information about mortgages to reporting agencies in order to assist public officials in policy-making decisions, among other things. The CFPB
The U.S. District Court for the Middle District of Florida recently relied on an Eleventh Circuit prohibition against “shotgun pleadings” to dismiss with prejudice a pro se plaintiff’s claims. In Dressler v. United States Department of Education, plaintiff Sandra Dressler brought a ten-count complaint against nine defendants. She alleged violations of the Fair Credit
Earlier this week, the Fourth Circuit struck down a provision of the Telephone Consumer Protection Act (“TCPA”) that exempted government-backed debts from the statute’s prohibition on automated calls to cellular telephones. According to the Court in American Association of Political Consultants, Inc., et al v. FCC, the debt-collection exemption does not pass strict scrutiny
In Henderson v. United Student Aid Funds, Inc., the Ninth Circuit recently reversed a decision by the District Court for the Southern District of California holding that a lender could not be held vicariously liable for the actions of the debt collection companies that had been hired by its loan servicer.
The plaintiff in Henderson