Arbitration clauses are ubiquitous in consumer and employment contracts. Frustrated with that widespread use, on October 30, United States House of Representatives members Jerrold Nadler (D-N.Y.) and Bobby Scott (D-Va.) introduced the “Restoring Justice for Workers Act.” The proposed legislation would outlaw use of class action waiver provisions in employment
On October 26, the Eastern District of Wisconsin issued a ruling dismissing a Fair Credit Reporting Act case. In Garland v. Marine Credit Union, the Court granted summary judgment in favor of the debt collector, holding the dispute was a legal issue such that the consumer could not establish a factual inaccuracy in the
The Court in Patterson v. Peterson Enterprises, Inc., No. 2:18-cv-161-RMP (E.D. Wash. Oct. 23, 2018) recently denied a motion to dismiss seeking dismissal of a Fair Debt Collection Practices Act (“FDCPA”) claim due to the consumer plaintiff’s assertions that counterclaims in a previous collections lawsuit indicated that a debt was being disputed. The Court
In a victory for mortgage lenders and servicers, the Virginia Supreme Court held on September 27 that Virginia’s five-year statute of limitations for a breach of contract claim based on a deed of trust begins to run when the loan is accelerated – not when a foreclosure sale is held much later.
By way of
Alarm.com has agreed to pay $28 million to settle a TCPA class action, which involves allegations that it sent unlawful telemarketing communications to more than 1.2 million consumers. The parties filed a motion for preliminary approval of the class settlement, which is set for hearing on November 27. The case, pending in the Northern
On October 29, the Second Circuit Court of Appeals issued a long-awaited ruling in a Fair Debt Collection Practices Act case involving the disclosure of the amount due in a collection letter. In Derosa v. CAC Financial, the Court affirmed summary judgment in favor of the debt collector and held that, if a debt
In a decision that reversed a $10 million “collective action” arbitration award, the Seventh Circuit Court of Appeals held that whether class or collective arbitration is authorized by an arbitration agreement is a “gateway” decision to be made by the district court, not the arbitrator. The case is Herrington v. Waterstone Mortgage Corp., No.
On October 24, the Bureau of Consumer Financial Protection entered into a Consent Order with Cash Express, LLC relating to allegations it engaged in deceptive and abusive acts or practices in violation of the Consumer Financial Protection Act, codified at 12 U.S.C. §§ 5531, 5536(a)(1)(B). Pursuant to the Consent Order, Cash Express agreed to a
On October 15, the Colorado Supreme Court affirmed that state’s Court of Appeals’ decision upholding a trial court’s granting dismissal of a plaintiff’s Colorado Fair Debt Collection Practices Act (“CFDCPA”) action. The central issue in the case was whether a default judgment obtained against a tortfeasor by a law firm on behalf of its
The Ninth Circuit is not going to reconsider a recent ruling that shook the world of Telephone Consumer Protection Act litigation and has thereby set the stage for a confrontation with the Federal Communications Commission’s powers over the TCPA.
On September 21, the Ninth Circuit issued a decision in Marks v. Crunch San Diego that,