On June 3, the United States Court of Appeals for the Ninth Circuit held that consent from the intended recipient of calls does not absolve an entity of liability under the Telephone Consumer Protection Act if the entity did not have the consent of the party actually called. This decision aligns with decisions from the
In Alcivar v. Enhanced Recovery Company, the United States District Court for the Eastern District of New York awarded nearly $37,000 in attorneys’ fees and costs to a debt collection agency over a Fair Debt Collection Practices Act claim that the plaintiff’s attorneys brought in bad faith.
Plaintiff Imelda Alcivar owed approximately $1,100 on
Authors:
Wynter L. Deagle, Partner, Troutman Sanders
Sharon R. Klein, Partner, Pepper Hamilton
Alex C. Nisenbaum, Partner, Pepper Hamilton
Ronald I. Raether, Partner, Troutman Sanders
Anne-Marie Dao, Associate, Troutman Sanders
Sadia Mirza, Associate, Troutman Sanders
Attorney General Xavier Becerra submitted the final proposed regulations package under the California Consumer
The Supreme Court of New Jersey recently issued a decision that extends the applicability of the state’s Retail Installment Sales Act (“RISA”) to service contracts, even those that do not include a financing arrangement. This decision could have a wide reaching effect on companies that provide services to New Jersey consumers – companies that perhaps
Please join Troutman Sanders and Pepper Hamilton for a complimentary webinar titled, “The Nuts and Bolts of CCPA 2.0,” on June 10, 2020 at 1pm ET. During this webinar, partners Ronald Raether, Sharon Klein, Wynter Deagle, and Alex Nisenbaum will provide an overview of the California Privacy Rights Act ballot initiative (dubbed, “CCPA 2.0”) and
Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Sanders and Pepper Hamilton have 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
The novel coronavirus (“COVID-19”) has resulted in the California legislature rolling out several emergency initiatives to address the impact of the outbreak. Initiatives range from introducing measures to address key employment issues to financial packages that provide funding to increase hospital capacity and protect those most vulnerable to the disease. Given the immediate impact these
We are pleased to announce that Troutman Sanders attorney, Samrah Mahmoud, will present during the Berkeley Research Group’s interactive webinar, “Why Can’t You Meet Me in the Middle? When, Why, and How to Mediate TCPA Class Actions,” on June 4, 2020 at 1:00 pm CDT.
With courts across the country closed in response to the
On May 26, Iowa Governor Kim Reynolds signed a new proclamation continuing the coronavirus (“COVID-19”) Public Health Emergency until June 25, 2020, but lifting a moratorium on evictions, foreclosures, and certain debt collection activities effective May 28.
On April 27, Reynolds issued an extensive proclamation that, among other things, suspended evictions and foreclosures and instituted
A judge in the United States District Court for the Eastern District of California last week established a limit to what constitutes “reasonable means” for a consumer to revoke his or her consent to be contacted by lenders under the Telephone Consumer Protection Act. Granting defendants’ motion for summary judgment in Wright v. USAA