Roger L. Smerage

Roger L. Smerage

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

CFPB’s Proposed Rule Would Put the Brakes on Pre-Dispute Arbitration Clauses in Consumer Financial Contracts

Congress enacted the Federal Arbitration Act in the 1920s to deter hostility toward arbitration. Despite numerous Supreme Court rulings over the decades upholding that goal, arbitration continues to face hostility. The...more

5/19/2016 - CFPB Class Action Arbitration Waivers Consumer Financial Contracts Dodd-Frank Mandatory Arbitration Clauses

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

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

“Who Decides” Whether Class Arbitration Is Available?: The Third Circuit Provides New Guidance in Chesapeake Appalachia, LLC v....

The U.S. Court of Appeals for the Third Circuit (the “Court”) has spoken again on the issue of “who decides” whether parties must arbitrate a dispute on a classwide basis. In 2014, the Court ruled that “unless the parties...more

2/9/2016 - Arbitration Class Action Corporate Counsel Gas Royalties Oil & Gas

The Supreme Court Recognizes but Limits Disparate Impact in its Fair Housing Act Decision

On June 25, 2015, the Supreme Court, by a 5-4 margin, upheld the application of disparate impact under the Fair Housing Act (“FHA”) in Texas Department of Housing & Community Affairs v. The Inclusive Communities Project, Inc....more

6/29/2015 - Affordable Housing Discrimination Disparate Impact Disparate Treatment Fair Housing Act (FHA) Race Discrimination SCOTUS Texas Dept of Housing v Inclusive Communities

Second Circuit Holds That National Bank Act Preemption Does Not Apply to an Independent, Third-Party Debt Collector That Purchased...

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

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

Supreme Court Won’t Review Class Arbitrability Question Now, But Second Circuit May Hear Case That Could Generate Circuit Split

The United States Supreme Court recently declined to review a Third Circuit decision holding that ordinarily a court, not an arbitrator, determines the availability of classwide arbitration. Opalinski v. Robert Half...more

3/16/2015 - Arbitration Agreements Class Action Class Certification

Mortgage Lenders File Brief with Supreme Court Arguing That Fair Housing Act Does Not Support Disparate-Impact Claims

On November 24, 2014, K&L Gates filed a brief with the United States Supreme Court on behalf of the American Financial Services Association, the Consumer Mortgage Coalition, the Independent Community Bankers of America, and...more

12/2/2014 - DHCA v Inclusive Communities Project Disparate Impact Fair Housing Act (FHA) Mortgage Lenders SCOTUS

It’s a Whole New Game in Opalinski v. Robert Half International, Inc. – Third Circuit Rules That Courts Decide the Availability of...

There are significant differences between individual (or “bilateral”) arbitration and classwide arbitration that can substantially affect the nature of arbitration as a dispute resolution mechanism. Individual arbitration can...more

8/18/2014 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers

Supreme Court Will Not Review Sixth Circuit Ruling That Courts Decide the Availability of Classwide Arbitration

Recent Supreme Court decisions have favored the enforcement of consumer arbitration agreements requiring individual, rather than classwide, dispute resolution. A number of courts, however, have found that arbitrators, whose...more

6/13/2014 - Arbitration Agreements Class Action LexisNexis SCOTUS

Township of Mount Holly: The United States Supreme Court Considers Whether the Fair Housing Act Recognizes Disparate-Impact...

On September 3, 2013, K&L Gates LLP filed a brief as amici curiae before the United States Supreme Court in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc., a case in which the Court will consider...more

9/5/2013 - Disparate Impact Fair Housing Act (FHA) Mount Holly v Mt. Holly Citizens in Action SCOTUS

Once More unto the Breach: The U.S. Supreme Court Takes Another Case Regarding Class-Wide Arbitration

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

12/13/2012 - Arbitration Agreements Class Arbitration Federal Arbitration Act

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