On April 7, 2020, the Second Circuit added more uncertainty to the Telephone Consumer Protection Act (“TCPA”) with its decision on the meaning of an automatic telephone dialing system (“ATDS”) in Duran v. La Boom Disco, Inc. Breaking from recent Seventh and Eleventh Circuit decisions, which followed the statutory language in requiring random and
On April 3, New York Gov. Andrew M. Cuomo signed the State’s 2021 Executive Budget into law, which includes a provision shortening the time period for a lawsuit to be filed on medical debt to three years. Although budgetary constraints caused by the coronavirus (“COVID-19”) pandemic have forced the State to scrap
After a flood of calls to its office, on April 3, the Office of the Attorney General for the Commonwealth of Massachusetts issued Guidance in Response to Some Frequently Asked Questions (“Guidance”) related to its prior emergency order regarding debt collection, codified at 940 CMR 35.00. The Guidance answers several questions,
*Current as of April 8. This update accounts for guidance from 17 additional states and the District of Columbia.
As states shut down normal operations in response to the novel coronavirus (COVID-19), governors and state attorneys general across the country have offered guidance to local governments about how to balance state laws that emphasize
The United States Court of Appeals for the Seventh Circuit affirmed an Illinois district court’s judgment against Dish Network for Telephone Consumer Protection Act violations except for the calculations of damages.
The telemarketing calls deemed to violate the TCPA were made to consumers who had signed up for the Do Not Call List and previously
Troutman Sanders’ attorneys Troy Jenkins and Matthew White will serve as presenters for the Third Party Payment Processors Association (TPPPA) “Consumer Protection and COVID-19 – An Overview of Federal Guidance and Enforcement, and State Activity in light of COVID-19” webinar on Tuesday April 14, 2020 at 2:00 p.m. ET.
COVID-19 is rapidly altering the legal
On April 1, the United States District Court for the Central District of Illinois denied a debt collector’s motion to dismiss a Fair Debt Collection Practices Act lawsuit stemming from the consumer visiting the debt collector’s online payment portal. This decision highlights the potential risks that debt collectors face in
On April 6, the California Judicial Council, which is the policymaking body of the California court system, adopted 11 emergency rules in light of the coronavirus (“COVID-19”) pandemic.
Emergency Rule 2 suspends all judicial foreclosures, including actions for deficiency judgments. All judicial foreclosures are stayed and the statute of limitations is tolled until 90 days
On April 1, the Consumer Financial Protection Bureau issued a consent order against Cottonwood Financial, Ltd., a short-term, small dollar lender located in Texas. After reviewing the lender’s installment lending, payday lending, title lending, marketing, collections, and furnishing practices, the CFPB identified a number of violations, including those under the Fair Credit Reporting Act, 15
On April 3, the West Virginia Supreme Court of Appeals issued another emergency order extending court deadlines. A press release regarding the order can be found here. The Court’s new order delays all court deadlines for matters scheduled to occur during the emergency period between March 23, 2020 and May 1, 2020 to May