It is commonplace today for businesses to include binding arbitration provisions in customer agreements. It is also common for these arbitration agreements to have a “delegation provision,” where the parties agree to delegate to the arbitrator – not the court – questions of whether the arbitration agreement applies to a dispute. But even when the
The Seventh Circuit Court of Appeals has affirmed summary judgment in a recent Fair Debt Collection Practices Act case where the plaintiff alleged that a repossession company demanded payment before she would be allowed to recover personal property left in the vehicle. The Court held that the plaintiff’s testimony did not create a
The District Court for the Middle District of Florida recently added to TCPA case law concerning the level of human intervention required to defeat claimed use of an automatic telephone dialing system, or “ATDS,” in a TCPA lawsuit. In Gaza v. Auto Glass America, LLC, Case No. 8:17-cv-01811, Doc. No. 42 (M.D.
We are pleased to announce that Troutman Sanders attorney John Lynch will be presenting during the American Conference Institutes’ Residential Mortgage Regulatory Enforcement & Litigation Forum at the Omni Dallas hotel Park West. The forum will focus on expert strategies for navigating through mortgage obstacle and challenges, litigation and economic efficiencies in the consumer financial
Employers and consumer reporting agencies beware: a change to a commonly used form required by the Fair Credit Reporting Act (“FCRA”) becomes effective on September 21, 2018, and the price of non-compliance could be class action lawsuits.
On September 21, 2018, the Economic Growth, Regulatory Relief and Consumer Protection Act’s changes to the FCRA Summary
Two Troutman Sanders LLP attorneys discuss the Concepcion ruling, examining the historical landscape of arbitration, the law prior to the ruling, and what courts have done since.
When the Supreme Court (Court) handed down its opinions in AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), the majority’s holding engendered breathless (at least in legal
Reverse Mortgage Solutions, Inc. (“RMS”), a leading servicer of home equity conversion mortgages, commonly known as reverse mortgages, recently received a complete defense verdict in the United States District Court for the Southern District of West Virginia, in a trial presided over by Judge Irene Berger. The case arose out of a reverse mortgage entered
President Donald Trump announced this morning that he plans to nominate Kathy Kraninger, associate director of the Office of Management and Budget (“OMB”), to become the new director of the Consumer Financial Protection Bureau (“CFPB”), replacing Mick Mulvaney.
The announcement came as a surprise to many because Kraninger’s name was not among those that had
On May 21, the U.S. Supreme Court, in a 5-4 decision penned by Justice Neil Gorsuch, held that employers can include a clause in their employment contracts that requires employees to arbitrate their disputes individually and to waive the right to resolve those disputes through class actions and other joint proceedings. The Court ruled such
We are pleased to announce that Troutman Sanders attorneys Keith Barnett, Chad Fuller and John Lynch will be presenting during the American Conference Institute’s 30th National Advance Forum on Consumer Finance. The Forum on Consumer Finance will take place at the Wit Hotel in Chicago, Illinois. The forum will focus on expert strategies