Gregory Blase

Gregory Blase

K&L Gates LLP

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Change Order: The CFPB Previews Its Proposed FDCPA Regulations

The Consumer Financial Protection Bureau (“CFPB”) recently took the next step toward promulgating regulations under the Fair Debt Collection Practices Act (“FDCPA”) by releasing its “Outline of Proposals under Consideration...more

8/11/2016 - CFPB Debt Collection Dodd-Frank FDCPA FTC Unfair or Deceptive Trade Practices

The Ninth Circuit Holds That Subsequent Debt Collectors Must Send FDCPA Validation-of-Debt Notices

The Ninth Circuit recently construed the Fair Debt Collection Practices Act (“FDCPA”) provision that requires a debt collector to send a validation-of-debt notice within five days of “the initial communication” with a...more

7/29/2016 - Amicus Briefs CFPB Debt Collection Debt Collectors FDCPA FTC

Payday Loans Under Attack: The CFPB's New Rule Could Dramatically Affect High-Cost, Short-Term Lending

On June 2, 2016, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) proposed a new rule under its authority to supervise and regulate certain payday, auto title, and other high-cost installment loans (the “Proposed...more

6/7/2016 - Ability-to-Repay CFPB Consumer Financial Products Payday Loans Proposed Regulation Title Loans

A Careful Balancing Act: Second Circuit Requires Debt Collectors to Disclose When a Consumer’s Current Balance May Increase Due to...

In Avila v. Riexinger & Associates, LLC, No. 15-1584, --- F.3d ---, 2016 WL 1104776 (2d Cir. Mar. 22, 2016), the Second Circuit Court of Appeals construed the scope of Section 1692e of the Fair Debt Collection Practices Act...more

4/5/2016 - Corporate Counsel Debt Collection Disclosure Requirements FDCPA Principal Balance UDAAP Unfair or Deceptive Trade Practices

The Supreme Court Charts a Narrow Course in the Use of Statistical Evidence at Class Certification

The United States Supreme Court recently ruled in Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146, --- S. Ct. ---, 2016 WL 1092414 (U.S. Mar. 22, 2016), as to when a plaintiff may use statistical sampling in seeking to certify a...more

3/31/2016 - Admissible Evidence Class Action Class Certification Daubert Standards Doffing Donning FLSA SCOTUS Statistical Sampling Tyson Foods v Bouaphakeo Unpaid Overtime Wage and Hour

Sixth Circuit Finds “Prior Express Consent” in Affirming Dismissal of TCPA Class Action against Healthcare Provider’s Debt...

The Sixth Circuit (the “Court”) recently sided with a defendant-debt collector in a putative class action in which the plaintiffs claimed that the defendant’s calls to their cell phones violated the Telephone Consumer...more

3/10/2016 - Class Action Debt Collection FCC Health Care Providers Prior Express Consent Robocalling TCPA

Your Money Is No Good Here: U.S. Supreme Court Holds That an Unaccepted Rule 68 Offer of Complete Relief Does Not Moot an...

On January 20, 2016, the United States Supreme Court issued its decision in Campbell-Ewald Co. v. Gomez regarding Rule 68 offers of judgment. The Court held that a defendant cannot moot a case by merely offering complete...more

1/25/2016 - Campbell Ewald v Gomez Class Action Class Representatives Mootness Rule 68 SCOTUS Settlement Offer TCPA

Spokeo, Inc. v. Robins: U.S. Supreme Court to Consider Whether Plaintiffs Have Standing to Assert a Statutory Violation without...

The United States Supreme Court has granted certiorari to decide whether a statutory violation alone, unaccompanied by any actual harm to the plaintiff, is sufficient to establish Article III standing. See Spokeo, Inc. v....more

5/1/2015 - Article III FCRA Federal Jurisdiction Imminent Harm Popular Private Right of Action SCOTUS Spokeo v Robins Standing Statutory Damages

A Primer on Insurance Coverage Issues under the Telephone Consumer Protection Act

In the past several years, plaintiffs’ attorneys around the country have exploited a once-unknown 1991 law, the Telephone Consumer Protection Act (“TCPA”), to obtain headline-grabbing, multimillion-dollar judgments and...more

2/25/2015 - ATDS Commercial General Liability Policies Commercial Insurance Policies Corporate Counsel FCC Insurance Industry Private Right of Action Scope of Coverage TCPA

Massachusetts Supreme Judicial Court Rejects Municipal Foreclosure Ordinances

Can a Massachusetts municipality impose ordinances on banks that are more onerous than existing statewide law? In a recent landmark decision, the Massachusetts Supreme Judicial Court (“SJC”) answered “no.” In Easthampton...more

1/15/2015 - Banks Foreclosure Local Ordinance Mortgage Lenders Mortgages Municipalities Preemption

“Start Spreading the News”: Recent New York Regulations Impact Debt Collection and Default Servicing

Last month, the New York Department of Financial Services (“DFS”) finalized a regulation with a number of novel requirements affecting debt collection (including servicing delinquent loans) in New York. Previously, debt...more

1/9/2015 - CFPB Debt Buyers Debt Collection Debt Collectors Default Department of Financial Services Disclosure Requirements FDCPA Lack of Substantiation New Regulations

Penmanship Lesson: Technical Defects in Massachusetts Pre-foreclosure Letters Not Grounds For Voiding Foreclosures

In a victory for common sense, the Massachusetts Supreme Judicial Court (the “SJC”) has held that MASS. GEN. LAWS ch. 244 § 35A (“Section 35A”) does not relate to “the foreclosure of mortgages by the exercise of a power of...more

3/27/2014 - Foreclosure Mortgages

Will Recent Auto-Dialer Decisions Help Rein In TCPA Litigation?

Have recent judicial decisions brought much needed sanity to the discussion of what constitutes an “automatic telephone dialing system” (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”)? The short answer is:...more

12/3/2013 - FCC Robocalling Spam TCPA

Careful What You Wish For - United States Supreme Court Rules That Prevailing Defendants in FDCPA Cases May Recover Costs Without...

Will the United States Supreme Court’s decision in Marx v. General Revenue Corp. be the death knell of frivolous and nuisance lawsuits alleging violations of the Fair Debt Collection Practices Act (“FDCPA”)? Only time will...more

3/4/2013 - Bad Faith FDCPA Legal Costs SCOTUS

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