Elizabeth Bohn

Elizabeth Bohn

Carlton Fields Jorden Burt

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Courts Consider Definition of Autodialer and Standing under the Telephone Consumer Protection Act after FCC Ruling

In July, the FCC issued its omnibus ruling responding to 21 petitions seeking exemptions or clarification of certain provisions of the Telephone Consumer Protection Act (TCPA). The ruling addresses the statutory definition of...more

11/23/2015 - ATDS FCC Prior Express Consent Robocalling TCPA

CFPB Proposes Banning Use of Pre-Dispute Arbitration Agreements in Consumer Class Actions

The Consumer Financial Protection Bureau (CFPB or Bureau) announced today that it is considering rules prohibiting application of pre-dispute arbitration agreements to class litigation involving certain consumer financial...more

10/8/2015 - Arbitration Arbitration Agreements AT&T Mobility v Concepcion CFPB Class Action Consumer Financial Products Dodd-Frank Financial Institutions Mortgages OMB Small Business Wage and Hour

Telecommunications Giant Hit With TCPA Treble Damages Award For Calls to Reassigned Cell Number

The Telephone Consumer Protection Act (TCPA) prohibits non-emergency calls to cell phone numbers using automatic telephone dialing systems (ATDS) or prerecorded voice messages absent the called party’s prior express consent....more

10/7/2015 - ATDS Cable Operators Cable Television Providers Cell Phones Consumer Service Agreements Debt Collection Popular Prior Express Consent Reassigned Phone Numbers Robocalling Smartphones Sprint TCPA Telecommunications Time Warner Cable Treble Damages Willful Violations

CFPB Continues to Target Add-On Credit Products

The Consumer Financial Protection Bureau (CFPB) has stepped up its enforcement actions alleging deceptive and unfair practices in marketing and billing for add-on credit protection products. Add-on products have been one of...more

10/6/2015 - Automotive Industry Automotive Loans Banking Sector Banks Billing CFPA CFPB Consumer Credit Protection Consumer Financial Products Consumer Lenders Consumer Protection Act Credit Cards Dodd-Frank Enforcement Actions Financial Institutions Identity Theft Lenders Marketing Penalties Remediation Service Contracts Title X Unfair or Deceptive Trade Practices

Consumer Bankers Association, Chamber of Commerce Join Legal Challenge to FCC Ruling Tightening TCPA Call Restrictions

The Consumer Bankers Association (CBA) and the United States Chamber of Commerce have joined the legal challenge to the Federal Communications Commission (FCC)'s July declaratory ruling and order ("FCC Ruling") responding to...more

9/10/2015 - Banking Sector Banks Chamber of Commerce Declaratory Rulings FCC Financial Institutions Prior Express Consent Reasonable Expectation of Privacy Robocalling TCPA Telemarketing Unsolicited Faxes

California Court Dismisses TCPA Claim, Finding Human Intervention in Transmission of Internet Text Messages Removed Them From FCC...

In one of the first court decisions issued since the FCC’s declaratory ruling expansively defined autodialers for purposes of the TCPA, a California district court has dismissed TCPA claims based on promotional text messages,...more

8/27/2015 - Commercial Marketing FCC Privacy Concerns Right to Privacy Robocalling Summary Judgment TCPA Text Messages Third-Party Service Provider

CFPB and New York Department of Financial Services Sue Pension Loan Companies for Deceptive Marketing

On August 20, the Consumer Financial Protection Bureau (CFPB) and New York Department of Financial Services (NYDFS) jointly filed suit against two pension loan companies and three individual managers for deceptively marketing...more

8/24/2015 - Advances CFPA CFPB Consumer Lenders Department of Veterans Affairs Elder Issues Financial Institutions Financing Military Service Members NYDFS Pensions Predatory Lending UDAAP Unfair or Deceptive Trade Practices

D.C. Circuit Rules Small Bank has Standing to Challenge the Constitutionality of Consumer Financial Protection Bureau

Last week, the D.C. Circuit Court of Appeals reversed a D.C. District Court decision dismissing a bank’s complaint challenging the constitutionality of the CFPB based on lack of standing. The district court had concluded that...more

7/30/2015 - Appointments Clause Banking Sector Banks CFPB Dodd-Frank FDIC Federal Reserve Financial Institutions FSOC Recess Appointments Richard Cordray Standing U.S. Treasury

CFPB Brings Two More Enforcement Actions Targeting Add-On Credit Products

Last week, the Consumer Financial Protection Bureau (CFPB) filed two more enforcement actions alleging deceptive and unfair practices in marketing and billing for add-on credit protection products. Add-on products have been...more

7/10/2015 - Automotive Loans CFPA CFPB Civil Penalty Fund Credit Cards Financial Institutions Lenders Service Contracts Unfair or Deceptive Trade Practices

CFPB Reports Continued Mortgage Servicing and Other Violations of Consumer Financial Law

In its Supervisory Highlights recently released, which cover the period from January to April 2015, the Consumer Financial Protection Bureau (“The Bureau”) reported its examination observations in consumer reporting, debt...more

7/9/2015 - CFPA CFPB Debt Collection ECOA Fair Lending Financial Institutions Foreclosure Loss Mitigation Mortgage Loan Originators Mortgage Servicers Real Estate Market RESPA Student Loans

The FTC, Privacy, and the Life & Health Business

The Federal Trade Commission Act (“FTC Act”) prohibits unfair or deceptive acts or practices affecting commerce, as well as unfair competition in commerce. The FTC Act also created the Federal Trade Commission (“FTC”), and...more

7/1/2015 - Civil Monetary Penalty COPPA Cybersecurity Data Protection Data Security Data-Sharing False Advertising FCRA FTC FTC Act Gramm-Leach-Blilely Act Injunctive Relief Material Dissemination McCarran-Ferguson Act Privacy Laws Restitution Unfair or Deceptive Trade Practices Wyndham

Repeated Fax Blasts Cost Company $22 Million Judgment

The Telephone Consumer Protection Act of 1991 (TCPA), 42 U.S.C. § 227(b)(1)(C), prohibits the fax transmission of unsolicited advertisements without the prior express permission of the recipient, absent an established...more

6/24/2015 - Privacy Laws Robocalling Summary Judgment TCPA Unsolicited Faxes

Risky Business: Common Cyber Security Risks, Expensive Consequences

Large-scale data breaches have become increasingly common, bringing with them not only bad press and loss of customer goodwill, but serious monetary risk. New cyber security legislation enacted in multiple states, including...more

6/17/2015 - Anthem Blue Cross AT&T CFPB Cyber Attacks Cybersecurity Data Breach Data Protection Financial Institutions MasterCard Phishing Scams Popular Premera Blue Cross Target

CFPB Issues New Manual for Company Responses to Detailed Consumer Complaints

On May 15, the Consumer Financial Protection Bureau ("the Bureau") issued an updated Company Portal Manual (“the Manual”) containing new guidance and instructions for companies to respond to consumer complaints filed with the...more

5/22/2015 - CFPB Consumer Complaint System Corporate Counsel Credit Cards Debt Collection FOIA Loans Mortgages Third-Party Liability

Florida Enacts Law Providing for Civil Remedy Against Cyber Fraud and Abuse

On May 14, Florida Governor Rick Scott signed the Computer Abuse and Data Recovery Act (CADRA) into law. CADRA is intended to provide a remedy to businesses for harm or loss caused by unauthorized access to protected...more

5/19/2015 - CFAA Computer Crimes Act Cyber Attacks Cybersecurity Data Breach Privacy Laws Rick Scott

Trademarks in Cuba, Successful Whistleblowers, Big Data, Health Care Encryption, Jury Instruction Tips [Expect Focus – Vol. 1,...

IN THE SPOTLIGHT · Is your Company Ready to Comply with Encryption of Individually Identifiable Health Information? LIFE INSURANCE · STOLI Schemers Must Make Good on Damages Caused · At the State Level, Is a Fixed-Index...more


Eleventh Circuit Says No to Mooting Class Actions with Individual Offers of Judgment

Serving a Rule 68 offer of judgment for maximum individual statutory damages before the filing of a class certification motion was once a common strategy used to moot putative class actions alleging claims for violations of...more

4/8/2015 - Class Action FDCPA Mootness Offer of Judgment Putative Class Actions Rule 68 TCPA

Consumer Financial Protection Bureau Announces Final Policy On Publication Of Detailed Consumer Complaints

On March 19, the Consumer Financial Protection Bureau ("the Bureau") published a final policy statement ("the Statement") announcing its plans to disclose details of consumer complaints on its public consumer complaint...more

3/27/2015 - CFPB Consumer Complaint System Consumer Financial Products FCRA Gramm-Leach-Blilely Act

CFPB Says Arbitration Agreements Limit Consumer Relief in Class Actions; New Regulations on the Horizon?

The Supreme Court’s 2011 decision in AT&T Mobility LLC v. Concepcion upheld an arbitration clause requiring arbitration of claims individually, thereby effectively preventing class actions. While the consumer finance industry...more

3/13/2015 - Arbitration Arbitration Agreements AT&T Mobility CFPB Class Action Consumer Financial Products

Expect Focus - Spot The Regulator, Volume IV, Fall 2014

In This Issue: - IN THE SPOTLIGHT ..Crisis Management: Five Steps to Take Before Providing That Comment - LIFE INSURANCE ..Third Circuit Limits ERISA Fiduciary Liability to those with Ultimate...more

1/16/2015 - Automotive Loans CFTC Class Action Consumer Complaint System Data Breach Divorce Driverless Cars FCC Healthcare HIPAA Insurance Industry Life Insurance Money Market Funds Mortgages NAIC Private Equity Funds STOLI Unsolicited Faxes

CFPB Proposes Regulating Nonbank Auto Finance Companies

On September 16, the Consumer Financial Protection Bureau (CFPB) issued and requested comment on a proposed rule that would, for the first time, subject nonbank auto finance companies to federal regulation and oversight. The...more

1/16/2015 - Automotive Loans Banks CFPB Consumer Financial Products Consumer Lenders Discrimination Dodd-Frank ECOA FCRA Gramm-Leach-Blilely Act Nonbank Firms Truth in Lending Act (TILA) UDAAP

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