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:
Colorado and Delaware have enacted new laws for automatic renewal or negative options offers. The new laws became effective January 1, 2022. Illinois already has a law on the books related to automatic renewals but has recently made a few minor amendments to it.
Colorado. Companies must disclose the following in a clear and conspicuous
David Anthony, a partner with Troutman Pepper, is quoted in the Law360 article, “Consumer Protection Cases and Policy to Watch in 2022.”
“Although Facebook endeavored to answer the question of what constitutes an ATDS, it left many other questions unanswered and raised others,” said David Anthony, a partner at Troutman Pepper. “These questions
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
In Whitfield v. Contract Callers, Inc., Civil Action No. RDB-21-1540 (D. Md. Dec. 20, 2021), the District of Maryland dismissed claims asserted under the Fair Debt Collection Practices Act (FDCPA), holding that confusion concerning the identity of the original creditor allegedly caused by a poorly-worded collection letter did not result in the type
David Anthony, a partner with Troutman Pepper, is quoted in the Law360 article, “The Biggest Privacy Developments of 2021.”
Still, the issue isn’t completely settled, as the Supreme Court’s ruling left open several questions, including whether a plaintiff may nevertheless survive the pleadings stage on the autodialer question or whether it’s enough for
The Consumer Financial Protection Bureau (CFPB) and Department of Justice (DOJ) issued joint letters, restating the federal housing protections afforded to military servicemembers during the COVID-19 pandemic. While some protections have been in place for decades, others reflect pandemic-era relief from landlords and mortgage companies alike.
One of the letters addresses the handling of
In a case with significant implications for companies with California employees, as well as companies selling goods and services to consumers in California, the U.S. Supreme Court has agreed to hear an appeal of a California court ruling validating a major loophole in the general federal rule enforcing agreements to individual arbitration.
On December 15,
This month, Courthouse News Service (CNS) filed suit against several clerks of the Superior Court of California for allegedly violating the First Amendment rights of members of the press by restricting access to newly filed civil complaints. This suit follows on the heels of CNS’ recent lawsuit in Virginia that also asserted the First Amendment
Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Pepper has developed a dedicated COVID-19 Resource Center to guide clients through this unprecedented global health challenge. We regularly update this site with COVID-19 news and developments, recommendations from leading health organizations, and tools that businesses can