In a third-party complaint captioned as Avery Patrick v. Wells Fargo Bank, N.A., 2018 WL 6613737, Docket No. A-2270-17T3 (App. Div. Dec. 18, 2018), a residential mortgage loan borrower, Avery Patrick, appealed an order of summary judgment rendered by the Superior Court, Middlesex County, Law Division, dismissing his common law tort claim for trespass
Due to the U.S. Government partial shutdown, the Federal Trade Commission announced a temporary suspension of all of its investigations, including those into debt collection activities. As a result, the FTC has stated that its investigators cannot conduct normal fact-finding and attorneys cannot engage in settlement negotiations at this time. In particular, during the
The decision in ACA Int’l v. FCC, 885 F.3d 687, 701 (D.C. Cir. 2018), invalidated the Federal Communications Commission’s 2015 Declaratory Ruling with regard to what qualifies as an automatic telephone dialing system, or “ATDS,” under the Telephone Consumer Protection Act. Based on this, the Third
What is a sufficient disclaimer regarding the statute of limitations on time-barred debt? Courts across the country continue to wrestle with this question in a variety of contexts, including oral disclosures made to consumers over the phone. In Jones v. Synergetic Communications, Inc., the U.S. District Court for the Southern District of
Just about every week, there’s a reminder that cybersecurity remains important. But that doesn’t mean that many are taking it as seriously as they should. In the past month alone, Legaltech News has reported surveys that note how law firms are not adopting proper cyber protocols, companies haven’t mitigated third party risks, and
The Supreme Court granted certiorari in Cochise Consultancy, Inc. v. United States, ex rel. Hunt to resolve a three-way circuit split over the applicable statute of limitations when the government declines to intervene in a False Claims Act case.
The FCA was enacted in response to widespread fraud related to the sale of wartime necessities
On December 14, the U.S. District Court for the Northern District of California dismissed a proposed Telephone Consumer Protection Act class action against Agoda Company Pte., ruling that the subject text message was not an advertisement for Agoda’s app.
Agoda runs a worldwide hotel reservation service that customers can use through the company’s website or
A Pennsylvania district court recently dismissed a complaint due to the plaintiff’s lack of standing to assert violations of the Fair Credit Reporting Act. In Harmon v. RapidCourt, LLC, Case No. 17-5699 (E.D. Pa. Nov. 20, 2018), consumer plaintiff Icarus Harmon asserted violations based on a stale criminal history that RapidCourt had provided to
On December 12, the Federal Communications Commission adopted new rules that will establish a reassigned telephone number database that companies can use to check their call lists. As an incentive to use the database, the FCC has provided a safe harbor: companies will not face liability for calls to reassigned numbers caused by database error.
A Florida federal judge entered a judgment for over $23 million last week against Robert Guice, the alleged operator of a telemarketing scam offering debt relief services to consumers.
The lawsuit, brought by the Federal Trade Commission and the Florida Attorney General, alleged that Guice created Loyal Financial & Credit Services, LLC (“Loyal”), Life Management