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SCOTUS Clarifies Who is a Debt Collector Under FDCPA

The Fair Debt Collection Practices Act (FDCPA) prohibits a “debt collector” from using any “false, deceptive, or misleading representation or means in connection with the collection of any debt,” as well as any “unfair or...more

The U.S. Supreme Court Unanimously Rules Against the Creditor in Jesinoski

We predicted here that at least five U.S. Supreme Court Justices would reject the creditor’s argument in Jesinoski v. Countrywide Home Loans, Inc. that a borrower must file a lawsuit within three years of the consummation of...more

Jesinoski v. Countrywide Home Loans: The U.S. Supreme Court Seems Ready to Hold that a Borrower’s Right of Rescission Under TILA...

On November 4, 2014, the U.S. Supreme Court heard argument in Jesinoski v. Countrywide Home Loans, the case that will decide whether a borrower can timely exercise the right of rescission under the Truth in Lending Act simply...more

The "Effective Vindication" Doctrine is a Virtual Dead Letter After American Express Co. v. Italian Colors Restaurant

On June 20, 2013, the U.S. Supreme Court, in American Express Co. v. Italian Colors Restaurant, No. 12- 133, held that the Federal Arbitration Act (FAA) requires courts to enforce a contractual waiver of class action...more

The U.S. Supreme Court Grants Cert to Decide Whether the Fair Housing Act Allows for Disparate Impact Claims in Township of Mount...

On June 17, 2013, the U.S. Supreme Court granted a petition for certiorari in a case that will decide whether “disparate impact” liability — liability based solely on a practice’s alleged discriminatory effect, though the...more

Behrend and Amgen: The Supreme Court Sends Mixed Signals About Reaching the Merits at the Class Certification Stage

The U.S. Supreme Court has sent mixed signals this term regarding when courts can address merits issues at the class certification stage. On March 27, 2013, in Comcast Corp. v. Behrend, the Court reaffirmed that lower courts...more

Gabelli v. SEC: the Supreme Court's Statute of Limitations Ruling Puts Pressure on Federal Agencies to Investigate More...

In a sweeping decision that could impact numerous enforcement actions by a number of federal agencies, the U.S. Supreme Court rejected the federal government’s argument that an agency should be entitled to the protection of...more

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