On March 5, the United States District Court for the Southern District of New York ruled against a Telephone Consumer Protection Act plaintiff on the grounds that consumers cannot unilaterally revoke prior express consent that was part of a bargained-for exchange. In Ford v. Bluestem Brands, Inc., (S.D.N.Y. Case No. 18-cv-2695), the district court
The Third Circuit Court of Appeals ruled on March 6 that a factual dispute over the existence of an agreement to arbitrate between Live Nation World Wide, Inc. and a customer should be decided at a trial, not on summary judgment.
John Egan filed suit against Live Nation in 2017, claiming that the company
The FBI has calculated that global losses due to business email compromise exceeded 12.5 billion dollars in the period October 2013 to May 2018. The question is no longer “if” your company will be a victim but “when” and in-house counsel and practitioners must be ready to detect and respond.
Troutman Sanders attorneys regularly represent
In a recent decision, the United States District Court for the Middle District of Florida denied a consumer’s motion for summary judgment and granted summary judgment in favor of a debt collector regarding claims under the Fair Debt Collection Practices Act. The case is Encarnacion v. Financial Corporation of America, No. 2:17-cv-00566-SPC-UAM (M.D. Fla.
On February 26, the Supreme Court held in a unanimous decision that the deadline to seek permission for an interlocutory appeal of a decision granting or denying class certification cannot be extended through equitable tolling. Rule 23(f) of the Federal Rules of Civil Procedure allows for an interlocutory appeal of class certification orders, but
The attorneys general of all 50 states as well as the District of Columbia, Puerto Rico, the Virgin Islands, and Guam have offered their support to pending legislation, the Telephone Robocall Abuse Criminal Enforcement and Deterrence (“TRACED”) Act, aimed at significantly reducing robocalls. The support was in the form of a letter sent by
The New Jersey Attorney General’s Office filed suit against two automobile dealerships and their owner in the Superior Court of New Jersey, alleging that the dealerships should be closed and their owner barred from the industry because they targeted financially vulnerable consumers with a variety of unconscionable and deceptive business practices.
According to the AG’s
A Florida magistrate judge recommended that debt collector Retrieval-Masters Creditors Bureau’s motion for summary judgment be granted in a suit alleging the company violated the Fair Debt Collection Practices Act by overshadowing the 30-day window to dispute a debt in a collection letter sent to plaintiff Cheryl Rafferty. The case is Rafferty v.
Last week a district court judge in the Northern District of Illinois granted a collection agency’s motion to dismiss, ruling that a collection letter, even coupled with a voicemail, did not present a sense of urgency sufficient to confuse an unsophisticated consumer in violation of the Fair Debt Collection Practices Act.
At
On February 28, Senators Elizabeth Warren (D-Mass.) and Marco Rubio (R-Fla.) re-introduced the Protecting Job Opportunities for Borrowers (“Protecting JOBs”) Act (S.609). The legislation would prevent states from suspending, revoking, or denying state professional, teaching, or driver’s licenses solely because a borrower falls behind on their federal student loan payments.
Government entities may seize state-issued