On March 5, the United States District Court for the Southern District of New York ruled against a Telephone Consumer Protection Act plaintiff on the grounds that consumers cannot unilaterally revoke prior express consent that was part of a bargained-for exchange. In Ford v. Bluestem Brands, Inc., (S.D.N.Y. Case No. 18-cv-2695), the district court
The Third Circuit Court of Appeals ruled on March 6 that a factual dispute over the existence of an agreement to arbitrate between Live Nation World Wide, Inc. and a customer should be decided at a trial, not on summary judgment.
John Egan filed suit against Live Nation in 2017, claiming that the company
A recent objection by the U.S. Department of Justice to a proposed class action settlement in Cowen v. Lenny & Larry’s Inc.[1] may be an indication that the DOJ will be scrutinizing future settlements for the benefits to the class members. The DOJ argued in its objection that the bulk of the benefit from the
The FBI has calculated that global losses due to business email compromise exceeded 12.5 billion dollars in the period October 2013 to May 2018. The question is no longer “if” your company will be a victim but “when” and in-house counsel and practitioners must be ready to detect and respond.
Troutman Sanders attorneys regularly represent
In a recent decision, the United States District Court for the Middle District of Florida denied a consumer’s motion for summary judgment and granted summary judgment in favor of a debt collector regarding claims under the Fair Debt Collection Practices Act. The case is Encarnacion v. Financial Corporation of America, No. 2:17-cv-00566-SPC-UAM (M.D. Fla.
On February 26, the Supreme Court held in a unanimous decision that the deadline to seek permission for an interlocutory appeal of a decision granting or denying class certification cannot be extended through equitable tolling. Rule 23(f) of the Federal Rules of Civil Procedure allows for an interlocutory appeal of class certification orders, but
The attorneys general of all 50 states as well as the District of Columbia, Puerto Rico, the Virgin Islands, and Guam have offered their support to pending legislation, the Telephone Robocall Abuse Criminal Enforcement and Deterrence (“TRACED”) Act, aimed at significantly reducing robocalls. The support was in the form of a letter sent by
The New Jersey Attorney General’s Office filed suit against two automobile dealerships and their owner in the Superior Court of New Jersey, alleging that the dealerships should be closed and their owner barred from the industry because they targeted financially vulnerable consumers with a variety of unconscionable and deceptive business practices.
According to the AG’s
The Seventh Circuit recently vacated a decision by the Southern District of Indiana in which the lower court had rescinded an earlier decision to certify a class action in a suit brought by a group of used car dealerships.
In Red Barn Motors, Inc. v. Nextgear Capital, Inc., No. 18-1409, 2019 U.S. App. LEXIS 4303
On March 1, the Consumer Financial Protection Bureau released a report concerning mortgages made to members of the U.S. armed forces and veterans purchasing a first home. It is part of a series of quarterly reports the CFPB will issue focusing on consumer credit trends. This Quarterly Consumer Credit Trends report highlights trends among first-time