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 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
Last week, a United States District Court in Washington rejected a proposed TCPA class settlement in part because the class definition included an impermissible characterization of the disputed term of art: automatic telephone dialing system (“ATDS”). A copy of the Order is available here.
This TCPA class action involved allegations that the defendant made
Last week, the Eleventh Circuit held that a plaintiff did not have Article III standing to assert claims under the Telephone Consumer Protection Act based on his alleged receipt of a single unsolicited text message. In addition to defeating the plaintiff’s individual claims, the decision has complicated his path to asserting TCPA claims for a
CVS Pharmacy has agreed to pay $15 million to settle long-running claims asserted by a nationwide class of consumers who allegedly received unsolicited flu shot reminder calls. The parties filed a motion for preliminary approval of the class settlement this week in the United States District Court for the Northern District of Illinois.
The underlying
Bombas, a manufacturer of socks, settled with the New York Attorney General over failing to give proper notification of a breach of customers’ credit card data in 2014. Bombas initially addressed the breach in 2014 when it determined that hackers had gained access to the information of nearly 40,000 customers, including names, addresses, and credit
On July 11, FINRA issued Regulatory Notice (RN) 19-23, providing new details on how member firms and associated persons can receive credit for “extraordinary cooperation” with an investigation. RN 19-23 expands on RN 08-70, issued during 2008, by providing specifics as to what actions an investigated party could undertake to support its efforts in seeking
Last week, the Eighth Circuit affirmed dismissal of a putative class action data breach lawsuit, holding that the named plaintiff failed to allege standing based on a single fraudulent charge to his credit card. A copy of the opinion can be found here.
In 2014, hackers accessed customer financial information from hundreds of retail
On May 2, the Financial Industry Regulatory Authority announced a new proposal targeting brokerage firms with questionable disciplinary histories. In a Regulatory Notice released on its website, FINRA announced that it is considering a plan to require member firms with a high number of registered representatives with disciplinary histories to pay into a fund that