Civil Procedure | JD Supra Legal News, Updates, Analysis, & Information

InfoBytes, May 18, 2012 - A Weekly In-depth review of news & developments in the financial services industry.

by BuckleySandler LLP on 5/23/2012

Topics In This Issue: Federal Issues - State Issues - Courts - Miscellany - Firm News - Mortgages - Banking - Consumer Finance - E-Commerce Excerpt from Federal Issues: Federal Prudential Regulators Issue Final...more

The AFSA proposal on privilege protection: needed fix or political roadblock?

by Ballard Spahr LLP on 5/22/2012

Last week, the American Banker reported that while the legislative “fix” to the CFPB privilege waiver problem is stalled in the Senate, an alternative version of the legislation is being circulated in Congress. This...more

Seventh Circuit Holds TCPA Requires Consent from Current Cell Phone Subscriber for Autodialed Calls

by Ballard Spahr LLP on 5/16/2012

A debt collector’s autodialed calls to a reassigned cellular telephone number violate the Telephone Consumer Protection Act (TCPA) unless the current subscriber to that number has consented to the calls, the Seventh Circuit...more

Gearing Up For The Complicated Worlds of Outsourcing and Offshoring - May 14, 2012

by Dechert LLP on 5/15/2012

In This Issue: - Head in the Cloud? Achieving Savings While Managing Risks in the United States - Country Risk: Illustrated - Consumer Financial Protection Bureau Issues Outsourcing Guidance Excerpt from...more

May 2012: Class Action Litigation Update: Data Breach Class Actions—Courts Treat Theft Differently From Mere Loss

by Quinn Emanuel Urquhart & Sullivan, LLP on 5/14/2012

Any company that stores or processes consumers’ personal information is at risk of suffering a data breach — and, potentially, defending a class action lawsuit. Class actions based on data breaches are increasingly common and...more

BuckleySandler Files Amicus Brief on Behalf of Industry Groups in Tenth Circuit TILA Case

by BuckleySandler LLP on 5/7/2012

On May 3, BuckleySandler filed an amicus brief on behalf of three industry trade groups in a Tenth Circuit case addressing the right to rescind a mortgage under the Truth in Lending Act. The CFPB previously filed an amicus...more

What should I do if I dispute the amount that I owe to a creditor?

by George Bourguignon on 5/4/2012

If you believe that a creditor is collecting an amount that is wrong or for a debt that is not owed by you, then you want to read this post and find out one new tool available for Massachusetts consumers. Contact: George E....more

Class Action-Style Redress for Competition Law Infringements: Should the UK ‘Opt-In’ for the ‘Opt-Out’ Proposal?

by King & Spalding on 5/1/2012

On April 24, the UK Government proposed measures to encourage private civil challenges to anticompetitive behaviour to complement the UK’s existing public competition law regime. Comments by interested parties on the...more

CFPB Files Briefs in Three TILA Actions

by BuckleySandler LLP on 4/24/2012

On April 13, the CFPB filed amicus briefs in TILA cases pending in the Third, Fourth, and Eighth Circuits. As it did previously in a brief filed in the Tenth Circuit, the CPFB argued that borrowers who do not receive the...more

Pennsylvania Superior Court Rejects Fraud Requirement for UTPCPL Catchall Liability

by Reed Smith on 4/19/2012

The Pennsylvania Superior Court recently departed from a settled line of cases in holding that “misleading conduct,” as opposed to fraud, could support a violation of the catchall provision of the Unfair Trade Practices and...more

DRI Product Liability Conference Underway

by Dechert LLP on 4/13/2012

This week I am attending the DRI Product Liability seminar. Yesterday's highlights included a keynote address by Hon. Anne Northup, Commissioner of the Consumer Product Safety Commission. Her remarks covered "The Past,...more

The Absolute Priority Rule: An Endangered Species in Individual Chapter 11 Cases?

by Bryan Cave on 4/10/2012

The absolute priority rule of Section 1129(b) of the Bankruptcy Code is a fundamental creditor protection in a Chapter 11 bankruptcy case. In general terms, the rule provides that if a class of unsecured creditors rejects a...more

Washington Federal Court Allows Data Privacy Case Against IMDb to Proceed

by BuckleySandler LLP on 4/9/2012

On March 28, the U.S. District Court for the Western District of Washington held that actress Huong Hoang’s lawsuit against website IMDb.com pled sufficient facts to move forward on her breach of contract and Washington...more

Advertising News & Analysis - April 5, 2012

by Venable LLP on 4/9/2012

In this issue; - Senator Durbin Calls on FDA to Regulate Caffeine in Energy Drinks - FTC Approves Final Order Settling Privacy Charges with Upromise - FTC Continues Crackdown on Marketers Targeting Vulnerable...more

A debt collector is attempting to collect a real old debt, what can I do?

by George Bourguignon on 4/4/2012

If debt collectors are attempting to collect a debt that is real old, or if you think a debt collector has sued you for a debt that may be time-barred by the statute of limitations, you want to read this post! Contact: ...more

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Civil Procedure – May 23, 2012

Narrowed by: Consumer Protection