On March 22, California’s Fifth Appellate District Court of Appeals issued a decision on the availability of attorneys’ fees under the Federal Trade Commission’s (FTC) Holder Rule. This case follows recent FTC guidance and two decisions from California’s Second Appellate District Court of Appeals holding that the Holder Rule does not bar recovery of attorneys’
The Uniform Commercial Code’s (UCC) midnight deadline rule imposes an obligation on payor banks to return dishonored checks before midnight of the next business day after the date of receipt of the item. The midnight deadline rule states: “If an item is presented and received by a payor bank, the bank is accountable for the
On March 1, the Supreme Court of California held oral arguments in Pulliam v. HNL Automotive, Inc., No. S267576 (2021). The appeal may decide (at least under California state law) whether the Federal Trade Commission’s (FTC) “Holder Rule” permits a consumer to recover amounts beyond what he or she has paid to the holder,
2021 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 curve.
In this report, we share developments on auto finance, background screening, bankruptcy, consumer class actions, consumer
On January 20, the Federal Trade Commission (FTC) issued an advisory opinion on the impact of the Trade Regulation Rule Concerning Preservation of Consumers’ Claims and Defenses (Holder Rule) on the recovery of attorneys’ fees and costs above the amount paid on a consumer receivable arising out of a financed sale of goods or services.
The U.S. Supreme Court’s long-awaited decision in Facebook v. Duguid, 141 S. Ct. 1163 (2021), answered in the affirmative a question that had divided courts for years: Did the Telephone Consumer Protection Act’s (TCPA) definition of “automatic telephone dialing system” (ATDS) require random or sequential number generation? But it also created a new question:
Companies are not the only ones with exposure in consumer protection suits, as a defendant company’s director was reminded earlier this month in Zoppi v. Proform Trading LLC, No. 2:21-cv-2307 (D.N.J. Dec. 9, 2021). There, the federal district court granted the plaintiff’s motion to amend his complaint to bring Telephone Consumer Protection Act
Companies are continuing to reap the rewards of the Supreme Court’s decision in Facebook v. Duguid earlier this year, in which the Supreme Court confirmed a narrow reading of the Telephone Consumer Protection Act’s (TCPA) much-beleaguered definition of an automatic telephone dialing system (ATDS). In the latest victory, Pascal v. Concentra, Inc., out of
A federal judge granted summary judgment on February 12 to DirecTV, LLC (DirecTV), holding it was not liable under the Telephone Consumer Protection Act (TCPA) for unsolicited telemarketing calls placed by a third-party vendor because DirecTV had clearly instructed the vendor not to make any cold calls.
The class action, Cordoba et al. v. DirecTV
President Biden’s pattern of selecting strong consumer advocates for executive branch leadership positions continued last Thursday, when he appointed current Federal Communications Commissioner Jessica Rosenworcel to serve as acting chair of the Federal Communications Commission (FCC).
Serving as a Democrat commissioner at the FCC for the past eight years, Rosenworcel is a staunch supporter of