On May 18, 2016, in First Mercury Insurance Company v. Nationwide Security Services, Inc. et al., the First District of the Illinois Appellate Court affirmed the Circuit Court of Cook County’s ruling of no coverage after the insured settled a “Blast-Fax” class action lawsuit brought under the Telephone Consumer Protection Act. The TCPA provides
Federal Housing Administration Proposes Rule for its Reverse Mortgage Program
On May 19, 2016, the Federal Housing Administration proposed a rule that would codify several changes to FHA’s Home Equity Conversion Mortgage (HECM) program that were previously issued under the authority granted to HUD in the Housing and Economic Recovery Act of 2008 and the Reverse Mortgage Stabilization Act of 2013. The proposed rule would
Join Us for a Troutman Sanders Webinar: A Year in Review – TCPA Developments since the FCC’s Landmark Declaratory Ruling
Join Troutman Sanders partners Alan Wingfield and Chad Fuller, and associate Virginia Flynn for a webinar entitled, “A Year in Review – TCPA Developments since the FCC’s Landmark Declaratory Ruling,” on Tuesday, June 7, from 12:00-1:00 p.m. EDT.
The Federal Communications Commission’s landmark July 10, 2015 Declaratory Ruling interpreting the Telephone Consumer Protection Act
Eighth Circuit Joins Minority in Circuit Split as to Ascertainability Standard for Class Actions
On May 3, the United States Court of Appeals for the Eighth Circuit reversed a lower court’s rejection of class certification in Sandusky Wellness Ctr., LLC v. Medtox Scientific, Inc., a case brought under the Telephone Consumer Protection Act (“TCPA”) relating to junk faxes sent by a lead testing company. In its opinion, the
House Democrats Join Senate Colleagues With Introduction of Identical HANGUP Act
House Democrats have joined an effort to ensure that the Telephone Consumer Protection Act of 1991 (“TCPA”) applies to calls to collect government-backed debt. We previously reported that on November 4, 2015, Sen. Edward Markey (D-Mass.) introduced the Help Americans Never Get Unwanted Phone calls Act of 2015, also known as the
Join Us at the ABA Business Law Section Spring Meeting in Montreal
We are pleased to announce that Troutman Sanders partner David Anthony will be a panelist at the American Bar Association’s Business Law Section Spring Meeting at Fairmont The Queen Elizabeth in Montreal, Canada on April 6-9.
David will speak on a panel sponsored by the Consumer Financial Services Committee entitled “Update on the Telephone Consumer
FCC Circulates Draft Rule to Implement TCPA Exception for Government-Backed Loans
As we previously reported, section 301(b) of the Bipartisan Budget Act of 2015 permits an exception to the Telephone Consumer Protection Act of 1991 for calls and text messages “made solely to collect a debt owed to or guaranteed by the United States.” The TCPA generally prohibits calls made and text messages sent utilizing
Fifth Circuit Rejects Borrower’s Wrongful Foreclosure Claims
In a recent published opinion, the United States Court of Appeals for the Fifth Circuit rejected a borrower’s claims for breach of contract, negligence, wrongful foreclosure, and violations of the Texas Deceptive Trade Practices Act (“DTPA”). The plaintiff was awarded legal possession of the property as part of a divorce proceeding. At origination, the
California’s Yvanova Decision Signals New Wave of Borrower Claims in Mortgage Litigation
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
Coalition of State Attorneys General Urges Passage of the HANGUP Act
As we previously reported, on November 4, 2015, U. S. Senator Edward Markey (D-Mass.) introduced the Help Americans Never Get Unwanted Phone calls Act of 2015—or HANGUP Act for short. The legislation, which has 14 Democratic co-sponsors, would repeal section 301(b) of the Bipartisan Budget Act of 2015, which