In this episode of FCRA Focus, join host Dave Gettings and fellow partner, Jason Manning, as they delve into Jason’s recent experiences trying a consumer case in front of a jury. Jason and Dave discuss the impact of integrating technology into trial presentation, the strategic use of demonstratives to maintain jury engagement, approaches to breaking the ice in the courtroom, and fostering a more attentive and responsive jury. Whether you’re a legal professional seeking to refine your trial tactics or simply intrigued by the dynamics of courtroom strategy, this episode offers a wealth of first-hand knowledge regarding jury trials in consumer cases.
Jason E. Manning
Jason Manning is a commercial trial attorney with a focus on defending consumer-facing companies against class action and individual consumer protection claims. He has particular experience representing clients in mortgage- and auto finance-related litigation in state and federal courts.
Troutman Pepper Publishes 2023 Consumer Financial Services Year in Review and A Look Ahead
We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging 2023. Courts across the country issued rulings that will have immediate and lasting impacts on the industry. Our team of more than 140 professionals has prepared this concise, yet thorough analysis of the most important issues and trends throughout our industry. We not only examined what happened in 2023, but also what to expect — and how to prepare — for the months ahead.
Fourth Circuit Holds Merely Sending Notice of Rescission Under TILA Does Not Effect Rescission — the Borrower Must Tender
In a July 15 published decision, the Fourth Circuit reversed a West Virginia District Court’s ruling against a mortgage servicer in a purported class action, holding that merely sending a notice of rescission under the Truth in Lending Act (TILA), 15 U.S.C. 1635, et seq., does not immediately rescind the loan and relieve the borrower…
NY State Senate Passes Foreclosure Abuse Prevention Act
On May 3, the New York State Senate passed S5473D (Bill), which will apply immediately in all actions “in which a final judgment of foreclosure and sale has not been enforced.” (See S5473D at Section 10.) This means that the new law applies retroactively, affecting future foreclosure actions and existing foreclosures, including those in…
Fourth Circuit Clarifies What Constitutes a QWR Under RESPA
On February 22, the Fourth Circuit clarified in a published opinion what communications constitute a qualified written request (QWR) under the Real Estate Settlement Procedures Act (RESPA). The Fourth Circuit held that “where a written correspondence to a loan servicer provides sufficient information to identify the account and an alleged servicing error, such correspondence is…
Recent Amendments to West Virginia Consumer Credit Protection Act Signal a Move to Level the Playing Field
On March 18, the West Virginia legislature passed Senate Bill 5, amending the West Virginia Consumer Credit and Protection Act (WVCCPA). The amendments will apply to all causes of action filed on or after June 16, 2021, the effective date of the amendments.
The amendments signal a continuing trend in West Virginia toward equalizing…
Eleventh Circuit Throws Debt Collectors Under the FDCPA Bus for Sharing Account Information with Letter Vendors
In a panel decision on April 21, the Eleventh Circuit held that (1) a consumer had standing to bring a claim under the Fair Debt Collection Practices Act (FDCPA) because he alleged an invasion of privacy based on the spread of his debt-related information; and (2) a debt collector’s outsourcing of its letter process to…
2020 Consumer Financial Services Year in Review & A Look Ahead
2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and stay ahead of the compliance curve.
In this report, we share developments in 2020 on consumer class actions, background screening, bankruptcy,…
California Creates a New State-Level Financial Protection Bureau
In late August, the California legislature passed Assembly Bill 1864, creating a Department of Financial Protection and Innovation and bolstering legal protections for consumers.
The new Department is intended to be a state-level version of the Consumer Financial Protection Bureau (CFPB).
For example, similar to the CFPB, the commissioner of the Department is authorized…
West Virginia Supreme Court Amends Order for a Second Time, Extends Judicial Emergency To Reduce In-person Proceedings Due to COVID-19
On April 22, the Supreme Court of Appeals of West Virginia issued another amended emergency order extending court deadlines. The order can be found here. The Court’s new order delays all court deadlines for matters scheduled to occur during the emergency period from March 23, 2020 to May 15, 2020 until May 18, 2020.…