Alan S. Kaplinsky

Alan S. Kaplinsky

Ballard Spahr LLP

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Contractor's Use of AG Letterhead Not a Violation of FDCPA, Supreme Court Holds

The U.S. Supreme Court has unanimously held that an independent contractor to the Ohio Attorney General did not mislead consumers in violation of the Fair Debt Collection Practices Act (FDCPA) when it used the Attorney...more

5/24/2016 - Attorney Generals Class Action FDCPA SCOTUS Sheriff v. Gillie

"Real" Harm Required To Recover Statutory Damages, U.S. Supreme Court Rules

In a long-anticipated and significant decision, the U.S. Supreme Court has ruled 6-2 that a plaintiff alleging a violation of the Fair Credit Reporting Act (FCRA) does not have standing under Article III of the U.S....more

5/18/2016 - Article III Class Action FCRA Injury-in-Fact SCOTUS Spokeo v Robins Standing Statutory Damages

Industry Trade Groups Renew Challenge to HUD Disparate Impact Rule

Two industry trade associations whose members sell homeowners insurance have been granted leave to file an amended complaint in their lawsuit challenging the Fair Housing Act (FHA) disparate impact rule (Rule) adopted by the...more

4/22/2016 - Administrative Procedure Act Affordable Housing Disparate Impact Fair Housing Act (FHA) Homeowner's Insurance Motion to Amend Race Discrimination SCOTUS Texas Dept of Housing v Inclusive Communities

Third Circuit Follows Gomez on Mootness Issue, But Narrowly

In the wake of the U.S. Supreme Court's holding in Campbell-Ewald Company v. Gomez that an unaccepted Rule 68 offer of complete relief does not moot a plaintiff's individual claims, the U.S. Court of Appeals for the Third...more

4/8/2016 - Article III Campbell Ewald v Gomez Class Action Class Representatives Genesis Healthcare Corp. v. Symczyk Mootness Rule 68 SCOTUS Settlement Offer Standing TCPA

Loan Guarantors Are Not ''Applicants'' under ECOA, Equally Divided U.S. Supreme Court Affirms

An equally divided U.S. Supreme Court has affirmed the Eighth Circuit's decision in Hawkins v. Community Bank of Raymore, which upheld a federal district court ruling that the Equal Credit Opportunity Act (ECOA) does not...more

3/28/2016 - Banking Sector ECOA Guarantors Hawkins v Community Bank of Raymore Regulation B SCOTUS Spousal Guaranty

Unaccepted Rule 68 Offer Does Not Moot Plaintiff's Claims, SCOTUS Rules

The U.S. Supreme Court has ruled that an unaccepted Rule 68 settlement offer does not moot a class action even when the offer would provide the named plaintiff with complete individual relief. The decision in Campbell-Ewald...more

1/28/2016 - Campbell Ewald v Gomez Class Action Class Representatives Mootness Rule 68 SCOTUS Settlement Offer TCPA

Unaccepted Rule 68 Offer Does Not Moot a Plaintiff's Claims, U.S. Supreme Court Rules

The U.S. Supreme Court has ruled that an unaccepted Rule 68 settlement offer does not moot a class action even when the offer would provide the named plaintiff with complete individual relief. The decision in Campbell-Ewald...more

1/22/2016 - Article III Campbell Ewald v Gomez Mootness Putative Class Actions Rule 68 SCOTUS Settlement Offer Standing TCPA

U.S. Supreme Court Again Reverses California State Court on Arbitration

Resolving a split between the California Court of Appeal and the Ninth Circuit concerning the enforceability of the same DirectTV arbitration agreement, the U.S. Supreme Court ruled that the California Court of Appeal’s...more

12/18/2015 - Arbitration Agreements Class Action Arbitration Waivers DirectTV Federal Arbitration Act Preemption SCOTUS

U.S. Supreme Court Asked to Decide Whether National Bank Act Preemption of State Usury Laws Applies to Loans Transferred to...

The defendants in Madden v. Midland Funding, LLC have filed a petition for certiorari with the U.S. Supreme Court, asking the Court to decide whether the preemption of state usury laws under Section 85 of the National Bank...more

11/13/2015 - Banking Sector Loan Transfers Madden v Midland Funding National Bank Act SCOTUS Usury

U.S. Supreme Court Hears Oral Arguments in Case to Decide Whether Loan Guarantors Are “Applicants” Under ECOA

The U.S. Supreme Court heard oral arguments on Monday in the case of Hawkins v. Community Bank of Raymore, the result of which will determine whether a spousal guarantor is an “applicant” under the Equal Credit Opportunity...more

10/9/2015 - Banking Sector Banks Cause of Action Accrual CFPB Discrimination ECOA Federal Reserve Financial Institutions Loans Regulation B SCOTUS Spousal Guaranty

CFPB to Consumer Financial Services Companies: Prepare to Wave Goodbye to Class Action Waivers

The Consumer Financial Protection Bureau (CFPB) is considering proposing rules that would prohibit consumer financial services companies from using class action waivers in consumer arbitration clauses, the CFPB announced...more

10/8/2015 - Arbitration Agreements AT&T Mobility v Concepcion CFPB Class Action Class Action Arbitration Waivers Class Certification Consumer Financial Products Financial Institutions Mandatory Arbitration Clauses SCOTUS Small Business

Two Federal Circuit Courts Weigh In Ahead of Gomez

Just two months before the U.S. Supreme Court hears argument in Campbell-Ewald Co. v. Gomez, two federal circuit court panels have ruled on jurisdictional issues presented in the case. Both the Seventh Circuit in Chapman v....more

8/19/2015 - Article III Campbell Ewald v Gomez EFTA Electronic Fund Transfer Act Genesis HealthCare Genesis Healthcare Corp. v. Symczyk Jurisdiction Rule 23 Rule 68 SCOTUS TCPA

California Supreme Court Upholds Arbitration Clause, but Unconscionability Remains a Defense to Arbitration

The California Supreme Court issued its long-awaited decision in Sanchez v. Valencia Holding Company, LLC, on August 3, 2015, reversing a finding by the Court of Appeal that an arbitration provision was unconscionable...more

8/12/2015 - Appeals Arbitration AT&T Mobility v Concepcion Best Practices CA Supreme Court Class Action CLRA Corporate Counsel Federal Arbitration Act Injunctive Relief Putative Class Actions SCOTUS Unconscionable Contracts

Eighth Circuit: Purpose, Not Content, Determines TCPA Coverage of Calls as “Telemarketing”

Phone calls made to promote a movie constituted “telemarketing” under the Telephone Consumer Protection Act (TCPA) even though the two prerecorded messages left on the plaintiffs’ home phone line made no reference to the...more

7/30/2015 - Article III Class Action Corporate Counsel Do Not Call List Popular Putative Class Actions Robocalling SCOTUS Spokeo Spokeo v Robins Standing TCPA Telemarketing

Divided U.S. Supreme Court Holds Disparate Impact Claims Cognizable Under FHA, but Subject to Safeguards Against Abusive Disparate...

A sharply divided U.S. Supreme Court announced its decision in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc., on June 25, 2015, holding that disparate impact claims are...more

7/1/2015 - Affordable Housing Disparate Impact Fair Housing Act (FHA) SCOTUS Texas Dept of Housing v Inclusive Communities

Supreme Court Ruling Could Alter Class Action Landscape

The U.S. Supreme Court has agreed to decide a case that could alter the landscape of federal class action litigation. Granting the defendant’s petition for certiorari in Campbell-Ewald Company v. Gomez, the Court will review...more

5/20/2015 - Article III Campbell Ewald v Gomez Class Action Mootness Rule 23 SCOTUS TCPA

U.S. Supreme Court To Decide If Statutory Damages Are Recoverable Even Without Any Actual Harm

The U.S. Supreme Court has agreed to hear an important case that will decide whether a plaintiff who cannot show any actual harm from a violation of the Fair Credit Reporting Act (FCRA) nevertheless has standing under Article...more

4/28/2015 - Article III FCRA Imminent Harm Putative Class Actions SCOTUS Spokeo v Robins Standing Statutory Damages

Supreme Court To Decide California Arbitration Issue

On March 23, the U.S. Supreme Court granted certiorari in DirecTV, Inc. v. Imburgia, agreeing to resolve a split between the Ninth Circuit and California state courts on how to interpret the same DirecTV arbitration...more

3/26/2015 - Arbitration Arbitration Agreements Certiorari DirectTV Federal Arbitration Act Preemption SCOTUS

U.S. Supreme Court Notice, Comment Not Required for Federal Agencies Interpreting Regulations

The U.S. Supreme Court decided in Perez v. Mortgage Bankers Association that federal agencies are not required to use the Administrative Procedure Act's (APA) notice and comment procedures when issuing or making changes to...more

3/17/2015 - Administrative Procedure Act DOL FLSA Mortgage Bankers Association Mortgage Loan Officer Perez v Mortage Bankers Assoc Rulemaking Process SCOTUS Wage and Hour

U.S. Supreme Court to Decide Whether ECOA Applies to Loan Guarantors

The U.S. Supreme Court has agreed to review whether the Equal Credit Opportunity Act (ECOA) applies to loan guarantors. The case will be argued in the Supreme Court’s term that begins in October 2015....more

3/5/2015 - ECOA Guarantors Hawkins v Community Bank of Raymore Regulation B SCOTUS

U.S. Supreme Court Denies Challenge to California Decision that PAGA Claims Cannot be Waived in Arbitration Agreements

The U.S. Supreme Court recently denied a petition for certiorari that challenged a California Supreme Court decision carving out an exception to the federal high court’s recent holdings in AT&T Mobility LLC v. Concepcion and...more

2/11/2015 - American Express v Italian Colors Restaurant Arbitration AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Federal Arbitration Act Iskanian v CLS Transportation PAGA Petition for Writ of Certiorari Preemption SCOTUS

Third Time Is the Charm: U.S. Supreme Court Hears Argument in Disparate Impact Case

The U.S. Supreme Court recently heard oral argument in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc.—the case presenting the issue of whether disparate impact claims are...more

1/29/2015 - Age Discrimination DHCA v Inclusive Communities Project Disparate Impact Fair Housing Act (FHA) HUD LIHTC Oral Argument Public Housing Authorities Race Discrimination SCOTUS

CFPB soliciting suggestions for its amicus brief program

The Consumer Law & Policy Blog has reproduced a copy of a letter sent yesterday by the CFPB seeking suggested cases for the CFPB’s amicus brief program. ...more

12/19/2014 - CFPB Consumer Financial Products SCOTUS

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