On December 12, the Tenth Circuit upheld a district court’s denial of a motion for leave to file an untimely appeal. The ruling offers poignant punctuality lessons to attorneys nationwide.
The case concerned plaintiff Emily Boscoe Chung’s allegations that defendant Timothy J. Lamb violated the Fair Debt Collection Practices Act. Three years into litigation, Chung’s
On December 11, PayPal, Inc. filed suit against the Consumer Financial Protection Bureau in the United States District Court for the District of Columbia alleging that the CFPB’s Prepaid Card Rule (“the Rule”) represents a “category error” and violates the First Amendment. At issue is the applicability of the Rule to digital wallets compared to
On December 18, the Federal Trade Commission approved a settlement of claims against Alexander Nix, the former CEO of Cambridge Analytica, LLC, and Aleksandr Kogan, an app developer who worked with the company, regarding their roles in allegedly deceiving consumers in order to collect personal information for voter profiling and targeting.
The FTC’s complaint claimed
Illinois made its first attempt at being in the vanguard of adopting new privacy laws with legislation to protect the biometric data of its residents with the Biometric Information Privacy Act. Illinois followed BIPA as the first state to pass legislation requiring an employer to disclose the use of artificial intelligence in the video-interview process
Constitutional challenges to the Telephone Consumer Protection Act may be coming to a head. In a series of rulings this year, courts around the country have struck down an exception to the TCPA’s prohibition against auto-dialed calls to cell phones. Several litigants have filed petitions asking the United States Supreme Court to review these decisions.
Consent and revocation of consent are the mainstay issues in Telephone Consumer Protection Act litigation. On December 11, the United States District Court for the Southern District of Georgia reminded litigants of the requirements to assert a claim under the TCPA.
In Oatman v. Augusta Collection Agency, plaintiff Junior Oatman sued collection company Augusta
In Kempton v. Life for Relief & Dev. Inc., plaintiff Ty Kempton initially filed a class action complaint alleging violations of the Telephone Consumer Protection Act in the United States District Court for the Eastern District of Michigan. When faced with the possibility of an adverse ruling, Kempton voluntarily dismissed his claim and refiled
In a joint statement, four federal agencies in consultation with state bank regulators clarified that as a result of the Agriculture Improvement Act of 2018 (“2018 Farm Bill”), banks no longer are required to file a Suspicious Activity Report (“SAR”) on customers “solely because they are engaged in the growth or cultivation of hemp.”
How many plaintiffs does it take to form a class action lawsuit? When it comes to satisfying Federal Rule of Civil Procedure 23(a)’s “numerosity” requirement, the traditional rule of thumb has been that 40 plaintiffs generally are enough, while 20 are too few. The range in the middle tends to be a closer call. Courts
Today, in Rotkiske v. Klemm et al., case number 18-328, the Supreme Court of the United States confirmed the one-year time limit for filing a Fair Debt Collection Practices Act (FDCPA) suit generally begins to run when the alleged violation occurs, not when it is discovered.
Citing the FDCPA’s statutory provision that claims