John Raffetto

John Raffetto

Goodwin

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Ninth Circuit Affirms Dismissal of Default Servicing Class Action

Last month, the Ninth Circuit affirmed dismissal of a putative class action that challenged certain fees imposed for property inspections conducted after the named plaintiffs had defaulted on their mortgages. Demonstrating...more

3/20/2017 - Default Dismissals Federal Rules of Civil Procedure Mortgage Lenders Mortgage Servicers Ocwen Putative Class Actions RICO Unfair Competition Law (UCL)

Northern District of Illinois Strikes TCPA Class Allegations

Earlier this month, the Northern District of Illinois struck the class allegations in Cholly v. Uptain Group, Inc., a single-count TCPA case filed against a medical services provider and a debt collector based on allegedly...more

2/20/2017 - Auto-Dialed Calls Class Action Class Certification Debt Collectors Medical Devices Standing TCPA

Central District of California Finds Prerecorded Call Was Not Telemarketing Under TCPA

Last week, the Central District of California granted summary judgment in a TCPA case involving a single prerecorded call from the plaintiff’s medical insurance company. In Smith v. Blue Shield of California, the plaintiff...more

1/23/2017 - Blue Shield Corporate Counsel Mobile Devices Prior Express Consent Summary Judgment TCPA Telemarketing

Spokeo Remand Argument Highlights Inconsistent Interpretations of High Court Holding

On December 13, 2016, the Ninth Circuit heard oral argument in Robins v. Spokeo (No. 11-56843) on remand from the Supreme Court. We wrote extensively (here, here, and here) about Spokeo before and after the Supreme Court’s...more

12/27/2016 - Article III Class Action FCRA Injury-in-Fact Remand SCOTUS Spokeo v Robins Standing Trial de Novo

Second Circuit Finds No Standing, Affirms Summary Judgment on TILA Claims

On November 23, 2016, the Second Circuit issued its opinion in Strubel v. Comenity Bank, a putative Truth in Lending Act (TILA) class action with both standing and substantive TILA implications. In Strubel, the plaintiff...more

12/8/2016 - Appeals Class Action Comenity Bank Failure To Disclose Regulation Z Spokeo v Robins Standing Truth in Lending Act (TILA)

Eleventh Circuit Affirms Dismissal of RICO Claim in Hidden Fee Case

On September 2, 2016, the Eleventh Circuit affirmed dismissal of a civil RICO claim in Ray v. Spirit Airlines, Inc., a case that challenged Spirit Airlines’ reporting of fees to customers. The Eleventh Circuit’s affirmance...more

9/16/2016 - Airlines Corporate Counsel Dismissals Financial Services Industry Hidden Fees Proximate Cause RICO Spirit Airlines

Goodwin Files Amicus Brief on Behalf of the Mortgage Industry

On August 3, 2016, Goodwin filed an amicus brief in the Washington Supreme Court on behalf of the Mortgage Bankers Association and the Consumer Mortgage Coalition. The case—Jordan v. Nationstar Mortgage LLC—involved a...more

8/17/2016 - Consumer Lenders Mortgage Bankers Association Mortgage Lenders Mortgage Servicers

Divided Supreme Court Vacates Ninth Circuit Decision in Spokeo, Remands for Further Proceedings

On May 16, 2016, the Supreme Court released its opinion in Spokeo v. Robins, vacating the Ninth Circuit’s decision and remanding the case for further proceedings. Our earlier posts on the case provide more detailed...more

5/17/2016 - Article III Class Action FCRA Injury-in-Fact Remand SCOTUS Spokeo v Robins Standing Vacated

Supreme Court Stops Short of Bright-Line Rule Regarding Statistical Evidence in Class Actions

On March 22, the Supreme Court issued its decision in Tyson Foods, Inc. v. Bouaphakeo. For those unfamiliar with the case, Tyson Foods is a Fair Labor Standards Act (FLSA) case that involved an alleged failure to pay...more

4/18/2016 - Admissible Evidence Calculation of Damages Class Action Class Certification Doffing Donning FLSA Predominance Requirement Rule 23(b)(3) SCOTUS Statistical Sampling Tyson Foods Tyson Foods v Bouaphakeo Unpaid Overtime Wage and Hour

Federal Reserve Set to Update Regulation Z to Add CFPB Rules

On February 19, the Federal Reserve noticed an information collection regarding recent changes to Regulation Z. The Notice (81 Fed. Reg. 8492) explains that the Federal Reserve is planning to update Regulation Z to include a...more

3/3/2016 - Amended Regulation CFPB Comment Period Dodd-Frank Federal Reserve Financial Institutions HOEPA Regulation Z TILA-RESPA Integrated Disclosure Rule (TRID)

Recent Eleventh Circuit Reversal Sparks Upward Trend in Estimated-Fee FDCPA Litigation

On December 3, 2015, the Eleventh Circuit issued an opinion that has carved a path for plaintiffs challenging their communications with loan servicers. The decision, Prescott v. Seterus, Inc., reversed a grant of summary...more

2/10/2016 - Borrowers FDCPA Fees Loan Servicer Mortgages Summary Judgment

Recent Class Actions Challenge Property Inspection Charges

From origination through final payoff, plaintiffs’ counsel look for claims in just about every aspect of the relationship between borrowers and their mortgage lenders. Recently, scrutiny has turned to property inspections...more

11/20/2015 - Class Action Excessive Fees Inspections Mortgage Lenders Mortgage Servicers

Class-Action Waivers on the CFPB Chopping Block

Earlier this month, the CFPB announced that it may propose rules designed to curtail or eliminate class-action waivers from arbitration clauses. Arbitration clauses appear in most financial-services contracts to provide both...more

11/2/2015 - Arbitration CFPB Class Action Class Action Arbitration Waivers Consumer Financial Contracts Consumer Lenders

Wyndham Opinion Affirms FTC’s Power to Regulate Cybersecurity Practices

On August 24, 2015, the Third Circuit affirmed the United States District Court for the District of New Jersey’s denial of a motion to dismiss in FTC v. Wyndham Worldwide Corp. In Wyndham, the Federal Trade Commission...more

9/10/2015 - Administrative Authority Cybersecurity FTC FTC Act FTC v Wyndham Hotels NIST Security and Privacy Controls Wyndham

Seventh Circuit Aligns with Ninth and Second Ahead of SCOTUS Decision in Campbell-Ewald

Last week, the Seventh Circuit reversed its prior circuit precedent regarding whether a Rule 68 offer of judgment moots a case. In Chapman v. First Index, Inc., the Seventh Circuit considered the question of mootness as well...more

8/13/2015 - Class Action Class Certification Consumer Lenders Mootness Offer of Judgment Rule 68 TCPA Unsolicited Faxes

Strong Dissents in the FCC’s New TCPA Order

On July 10, 2015, the Federal Communications Commission (FCC) released its TCPA Omnibus Declaratory Ruling and Order. We wrote about this order on June 29, previewing the FCC’s focus on consumers’ ability to opt out of...more

7/23/2015 - Auto-Dialed Calls Cell Phones Consumer Lenders Declaratory Rulings Exceptions FCC Financial Institutions Prior Express Consent Reassigned Phone Numbers TCPA Text Messages

FCC Ruling Potentially Expands Scope of TCPA

On June 18, 2015, the Federal Communications Commission (“FCC” or the “Commission”) issued a package of declaratory rulings (“FCC 15-72”) related to telemarketing. Although FCC 15-72 has yet to be officially released, the...more

6/29/2015 - Consent Declaratory Rulings FCC Mobile Apps Robocalling Telemarketing Text Messages

Supreme Court Will Address Use Of Statistical Sampling and Whether A Class Can Be Certified If It Contains Members Who Are Not...

Last week, the United States Supreme Court granted cert in Bouaphakeo v. Tyson Foods, Inc., a Fair Labor Standards Act (“FLSA”) case with potentially wide reaching implications in federal class actions. In Bouaphakeo,...more

6/19/2015 - Class Action Class Certification Collective Actions FLSA Petition for Writ of Certiorari Rule 23(b)(3) SCOTUS Tyson Foods Tyson Foods v Bouaphakeo Wage and Hour

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