Data breaches and cybersecurity attacks appear to be growing in frequency. Despite the increase in the number of such attacks, plaintiffs have found it difficult to establish a legal foothold for data breach claims, as...more
3/16/2016
/ Article III ,
Class Action ,
Consumer Financial Protection Bureau (CFPB) ,
Data Breach ,
Data Security ,
Dwolla ,
Personally Identifiable Information ,
Popular ,
Standing ,
UDAAP ,
Unfair or Deceptive Trade Practices
The Second Circuit recently issued a National Bank Act preemption decision with significant implications for purchasers of loans and other debt from national banks. See Madden v. Midland Funding, LLC, --- F.3d ---, 2015 WL...more
6/4/2015
/ Appeals ,
Banking Sector ,
Banks ,
Class Certification ,
Consumer Financial Products ,
Debt Buyers ,
Interest Rates ,
Midland Funding ,
National Bank Act ,
Preemption ,
Putative Class Actions ,
Usury
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
The threat to many American businesses posed by the Telephone Consumer Protection Act of 1991 (“TCPA”) (47 U.S.C. § 227(b)) is undeniable. A typical alleged violation of the TCPA may consist of sending a fax without the...more
The West Virginia Supreme Court of Appeals recently issued a decision addressing mandatory arbitration in connection with a residential mortgage loan that will impact litigants in the Mountain State and potentially influence...more
The United States Supreme Court recently announced that it will return to the trenches of arbitration jurisprudence. Specifically, the Court granted certiorari in Oxford Health Plans LLC v. Sutter, No. 12-135 (U.S.), to...more