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Overdraft Class Action Litigation: Recent Developments in Maine

Financial institutions have been facing class action lawsuits regarding overdraft and return item (NSF) fees since the early 2000s. Initially, the lawsuits were focused on the largest national banks. Over time, plaintiffs’...more

COVID-19: Florida Federal Court First to Dismiss PPP Agent Fee Class Action

In a national bellwether case, the United States District Court for the Northern District of Florida dismissed a putative class action seeking the payment of “agent fees” for Paycheck Protection Program (PPP) loans under the...more

Judicial Panel on Multidistrict Litigation Refuses to Consolidate Class Action Litigation Concerning Paycheck Protection Program

In four separate decisions issued on August 5, 2020, the U.S. Judicial Panel on Multidistrict Litigation declined to consolidate for pretrial purposes dozens of actions against national banks arising from their roles as...more

Developments in Class Action Litigation Surrounding the Paycheck Protection Program

As more class actions are filed every day related to the COVID-19 pandemic, a growing number of plaintiffs are asserting claims against banks that acted as participating lenders in the Paycheck Protection Program (PPP). The...more

Key Developments in COVID-19 Tuition Refund Class Actions against Colleges and Universities

In just two months, more than 110 class action lawsuits have been filed against colleges and universities. These complaints arise out of the COVID-19 pandemic that forced higher education institutions to close their campuses...more

COVID-19 Payment Protection Program: Lender Guidelines Subject to Litigation Risks

Lenders electing to participate in the $349 billion federal Paycheck Protection Program (PPP) understood the many challenges they faced in accepting and processing loan applications. ...more

Proposed Changes to Rule 23: Electronic Notice and Efforts to Curb Abuses in Settlement Objection Process

On this blog, we previously wrote about the Fairness in Class Action Litigation Act of 2017, and identified its potential to bring significant changes to class action practice. That Act was passed by the House on March 9,...more

Consumer Financial Protection Bureau Publishes Proposed Rule Precluding Class Action Waivers in Arbitration Clauses

As we reported last year, in October 2015 the Consumer Financial Protection Bureau published an outline of proposals that would limit the use of arbitration provisions in contracts for consumer financial products. On May 5,...more

CFPB Proposal Would Make Class Actions More Likely. Here's What's Next.

On Wednesday, October 7, the Consumer Financial Protection Bureau issued proposals that would, if adopted, limit the use of arbitration provisions in contracts for consumer financial products. The CFPB’s proposals would not...more

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