In Kempton v. Life for Relief & Dev. Inc., plaintiff Ty Kempton initially filed a class action complaint alleging violations of the Telephone Consumer Protection Act in the United States District Court for the Eastern District of Michigan. When faced with the possibility of an adverse ruling, Kempton voluntarily dismissed his claim and refiled
In a joint statement, four federal agencies in consultation with state bank regulators clarified that as a result of the Agriculture Improvement Act of 2018 (“2018 Farm Bill”), banks no longer are required to file a Suspicious Activity Report (“SAR”) on customers “solely because they are engaged in the growth or cultivation of hemp.”
How many plaintiffs does it take to form a class action lawsuit? When it comes to satisfying Federal Rule of Civil Procedure 23(a)’s “numerosity” requirement, the traditional rule of thumb has been that 40 plaintiffs generally are enough, while 20 are too few. The range in the middle tends to be a closer call. Courts
Today, in Rotkiske v. Klemm et al., case number 18-328, the Supreme Court of the United States confirmed the one-year time limit for filing a Fair Debt Collection Practices Act (FDCPA) suit generally begins to run when the alleged violation occurs, not when it is discovered.
Citing the FDCPA’s statutory provision that claims
We are pleased to announce that Troutman Sanders attorney Sadia Mirza will be presenting during the IG3 Retreat Series. The Retreat is being held at The Resort at Pelican Hill in Newport Beach, California. This Retreat Series will provide an understanding of current trends, best practices and emerging technologies in eDiscovery & Information Governance, InfoSec,
As the world waits to see whether the United States Supreme Court will consider the constitutionality of the Telephone Consumer Protection Act, a magistrate judge in the United States District Court for the Southern District of Florida recently weighed in on the issue, denying a defendant’s motion to dismiss a class action where the defendant
On November 25, the Consumer Financial Protection Bureau announced settlements with a military travel lender, its principal, and the servicer of its loans. The now defunct Edmiston Marketing, LLC, operating under the name of Easy Military Travel, provided financing to military servicemembers and their families for the purchasing of airline tickets. The CFPB determined that
On December 4, the United States Court of Appeals for the Third Circuit denied plaintiff Joanne Scanno’s attempt to obtain a larger fee award under the Fair Debt Collection Practices Act. The Third Circuit affirmed the District Court’s ruling that a reduction in the fees sought was warranted because not only
Days before Thanksgiving, the Federal Trade Commission secured a $3.15 million judgment against a telemarketing company that “defrauded financially distressed consumers throughout the United States by selling them bogus credit-card interest-rate-reduction services.”
In late 2017, the FTC brought claims against Higher Goals Marketing LLC (“HGM”) and multiple other defendants, alleging that the company violated Section
On November 7, the United States District Court for the Western District of Tennessee addressed the issue of whether it is a violation of the Fair Credit Reporting Act for a creditor to report a charged-off account with a monthly payment due. In Ruvye Cowley v. Equifax Info. Servs., LLC, et al., the Court