On June 14, an Eastern District of North Carolina judge issued the first opinion within the Fourth Circuit addressing the impact of ACA International on the definition of an automatic telephone dialing system, or “ATDS.” In Snow v. GE, Judge Flanagan dismissed plaintiff Marian Snow’s complaint because she failed to allege facts “permitting an
On June 21, the U.S. District Court for the District of Connecticut granted a temporary restraining order to the Federal Trade Commission to stop the operations of Grand Teton Professionals, a credit repair company. The FTC previously filed a complaint against Grand Teton and related entities, including its owners in their individual capacities – alleging
On May 7, the Consumer Financial Protection Bureau (CFPB) released a 538-page Notice of Proposed Rulemaking (the Rule) that would update the Fair Debt Collection Practices Act (FDCPA). The Rule would be the first major update to the FDCPA since its enactment in 1977 and gives much-needed clarification on the bounds of federally-regulated activities of
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
On May 21, the Federal Trade Commission announced that it had settled charges against payment processor Allied Wallet along with its CEO and owner, Ahmad Khawaja, and two other officers – Mohammad Diab and Amy Rountree. The charges stemmed from the FTC’s claim that the defendants knowingly processed payments for merchants that were engaged in
Telephone Consumer Protection Act claim defendants and fans of civil procedure have cause to celebrate as another district court limits the scope of potential class members against out-of-state defendants.
On May 10, the District Court for the Northern District of Illinois struck non-residents of Illinois from a putative class in a
Today the Federal Register published the Notice of Proposed Rulemaking regarding updates to the Fair Debt Collection Practices Act from the Consumer Financial Protection Bureau.
The notice in the Federal Register triggers the end date of the comment period. Businesses, consumers, and other interested parties now have until August 19, 2019 to submit comments on
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
A bipartisan group of attorneys general from thirty-eight states have signed on to a letter backing the Secure and Fair Enforcement (“SAFE”) Banking Act – H.R. 1595 – as it moves toward the floor of the House of Representatives.
Thirty-three states plus the District of Columbia, Puerto Rico, and Guam have legalized marijuana for medical
The Consumer Financial Protection Bureau (CFPB) released on May 7 a 538-page Notice of Proposed Rulemaking (the Rule) that would update the Fair Debt Collection Practices Act (FDCPA). The Rule would be the first major update to the FDCPA since its enactment in 1977 and gives much-needed clarification on the bounds of federally-regulated activities of