On February 18, the California Supreme Court issued a potentially far-reaching decision in Yvanova v. New Century Mortgage Corp., in which it ruled that certain mortgage borrowers have standing to sue for wrongful foreclosure based on a void assignment of the promissory note or deed of trust. Although the Court limited the scope of
On January 29, Illinois enacted Senate Bill 1369. The bill makes certain revisions and amendments to the prior debt collection requirements that were enacted within the state in 2015. The law is effective immediately.
Among other provisions, the law adds the following definitions to the debt collection statute:
Last week, through the issuance of an executive order, the City of Birmingham became the first city in Alabama to “ban the box” on its hiring applications. The prohibition applies to municipal positions within the city, and it prevents an inquiry into an applicant’s criminal history at the application stage. The executive
On January 15, the Federal Communications Commission defended its controversial July 10, 2015 Order (the “Order”) expansively interpreting the Telephone Consumer Protection Act (“TCPA”) in a 110-page brief filed in ACA International et al. v. FCC et al., where several consolidated challenges to the Order by businesses and trade groups are being heard in
On January 11, in Club Texting, Inc.’s Petition for a Declaratory Ruling, the Federal Communications Commission issued an Order that has the potential of increasing the scope of senders who can be liable for unwanted text messages under the Telephone Consumer Protection Act (“TCPA”). In the process, the FCC doubled-down on its controversial July
On December 11, 2015, the United States Department of Justice filed an intervenor’s brief in support of the constitutionality of the “emergency calls exception” in the Telephone Consumer Protection Act (“TCPA”), a federal statute regulating the usage of automatic telephone dialer systems. The issue embroils the government in a consumer dispute with Facebook, which is
The Federal Trade Commission today announced that LifeLock has agreed to pay $100 million to settle charges that it had violated the terms of a 2010 order by the U.S. District Court for the District of Arizona, requiring LifeLock to secure customer data and change its advertising practices.
The FTC alleged, among other
On November 2, President Obama signed a two-year budget deal recently passed by Congress, which generated considerable press because it averted legislative battles over the debt limit and a potential government shutdown, at least until 2017. Much less attention was paid to other provisions within the legislation, which includes a modification of the Telephone Consumer
On October 27, the United States Senate passed the Cybersecurity Information Sharing Act (“CISA”) by a vote of 74-21. CISA claims to improve cybersecurity by encouraging the sharing of threat information among companies and the U.S. Government.
As previously reported here, CISA would permit private entities to share cyber threat
In July 2015, several companies that were the targets of non-public Consumer Financial Protection Bureau investigations sued the Bureau after it refused to allow their current counsel to attend the Bureau’s investigative testimony of one of the companies’ former attorneys. The companies wanted one of their current attorneys to attend the testimony and assert the