On November 28, Senators Dianne Feinstein (D-Calif.) Richard Blumenthal (D-Conn.), and Amy Klobuchar (D-Minn.) introduced the REAL PEACE Act, short for “Robocall Elimination At Last Protecting Every American Consumer’s Ears.” The goal of the legislation is to provide the Federal Trade Commission with the power to regulate companies that facilitate robocalls and, of particular importance,
Effective July 1, 2018, Virginia’s unlawful detainer laws were amended to include new language beneficial to mortgagees and other foreclosure sale purchasers who seek to recover possession of foreclosed property by filing suit in a general district court.
A new subsection of the statute, Virginia Code § 8.01-126(C)(4), codifies common law and confirms that a
On November 27, the Third Circuit Court of Appeals affirmed a district court’s dismissal of a second putative Telephone Consumer Protection Act class action on the grounds that the American Pipe tolling principles did not apply, meaning the plaintiff’s claims on behalf of himself, his company, and the purported class were untimely.
In Weitzner v.
A United States district court in Illinois recently granted a non-resident defendant’s motion to strike the class definition in a putative nationwide TCPA class action, pursuant to Bristol-Myers Squibb, broadly holding that due process “bars nationwide class actions in fora where the defendant is not subject to general jurisdiction.” The case is Mussat v.
On November 16, the United States Court of Appeals for the Fifth Circuit issued a memorandum opinion in Crystal Davis v. Credit Bureau of the South denying counsel’s statutory attorney’s fees for a successful Fair Debt Collection Practices Act claim. The opinion—which is well worth the read—can be accessed here.
The appellant consumer, Crystal
Last month, Troutman Sanders reported on the proposed TRACED Act which would instruct the Federal Communications Commission to engage in rulemaking to protect consumers from receiving unwanted calls and text messages from unauthenticated phone numbers. FCC Chairman Ajit Pai tweeted his approval for the bill, but the FCC is not waiting on Congress to fight
We are pleased to announce that Troutman Sanders attorney Mary Zinsner will be presenting during the State Bar of Georgia’s Corporate Counsel Institute at the Renaissance Waverly Hotel in Atlanta, Georgia. Mary will be on a panel named: “Fraud, Embezzlement and Business Email Compromise: What Every Corporate Counsel Needs to Know,” on December 14 at
On November 1, the Northern District of California announced new Procedural Guidance for Class Action Settlements, aimed at increasing transparency in class settlements and the disbursement of class settlement funds. The Guidance is consistent with, but broader than, the latest amendments to Rule 23 of the Federal Rules of Civil Procedure, effective December 1,
In Roark v. Credit One Bank, N.A., 2018 U.S. Dist. LEXIS 193252 (D. Minn. Nov. 13, 2018), the District of Minnesota added to the changing landscape for claims under the TCPA since the D.C. Circuit’s decision in ACA Int’l v. FCC, 885 F.3d 687 (D.C. Cir. 2018). In addition to adding its voice
On November 14, the Bureau of Consumer Financial Protection filed an amicus brief with the United States Supreme Court, arguing a law firm’s nonjudicial foreclosure actions to enforce a security interest on a mortgage debt fell outside the purview of the Fair Debt Collection Practices Act because the activity did not constitute “debt collection.”