Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
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A woman received phone calls from a debt collector who said a “civil claim” was pending against the woman for a consumer debt. The woman sued in federal court, alleging violations of state and federal fair debt collection...more
On May 30, the CFPB filed a complaint in federal district court against a Florida debt-relief company the CFPB alleges violated the FTC’s Telemarketing Sales Rule and the Dodd-Frank Act by promising certain debt relief...more
One of the most intriguing aspects of the new Consumer Financial Protection Bureau is the agency's novel power not only to assess civil penalties against those entities that violate its rules and federal consumer laws, but...more
On April 26, the Consumer Financial Protection Bureau (CFPB or the Bureau) issued a final rule, effective immediately, that sets forth procedures for the administration of the Consumer Financial Civil Penalty Fund (Civil...more
Yesterday, Governor Jerry Brown’s office announced his intention to propose “updates” to Proposition 65 (Health & Safety Code section 25249.5 et seq.) supposedly designed to make the law less susceptible to the widespread...more
Supreme Court Ups the Bar for Class Action Lawsuits by Christine M. Vanek on May 7, 2013 The U.S. Supreme Court’s decision in Comcast Corp. v. Behrend will likely help businesses defend employment, anti-trust, consumer...more
In Kahmeyer v. Federal Credit Corporation, the 13th Judicial Circuit in Hillsborough County, Florida released an opinion that has given new life to the argument that each violation of the Florida Consumer Collection Practices...more
On March 22, 2013, the Maryland Court of Appeals clarified the meaning of an "endorsement in blank" on mortgage notes, saying that physical transfer without additional endorsement stamps gives the loan servicer standing to...more
Debt collection is big business—easily a multibillion-dollar industry. In 2012, approximately 30 million individuals, or 14 percent of American adults, had debt (averaging about $1,500) that was or had been subject to the...more
The United States Supreme Court recently held that the Little Tucker Act does not waive the sovereign immunity of the United States in an action for damages alleging a violation of the Fair Credit Reporting Act (“FCRA”). The...more
In this installment of the Hoosier Litigation Blog by Pavlack Law, LLC, we discuss the Class Action Fairness Act's amount in controversy requirement in light of the United States Supreme Court decision in Standard Fire Ins....more
In a recent decision, Tyler v. Michaels Stores, Inc., the Massachusetts Supreme Judicial Court held that zip codes are “personal identification information” and that a merchant asking for that information during a credit card...more
The Supreme Judicial Court of Massachusetts recently held that collecting a consumer's ZIP code at the point of sale may violate Massachusetts General Laws Chapter 93, Section 105(a) (Section 105(a)), which restricts the...more
On 29 January 2013, the UK Government’s Department for Business, Innovation & Skills announced new proposals designed to improve the ability for consumers and businesses to bring collective damages claims against competition...more
Will the United States Supreme Court’s decision in Marx v. General Revenue Corp. be the death knell of frivolous and nuisance lawsuits alleging violations of the Fair Debt Collection Practices Act (“FDCPA”)? Only time will...more
On January 11, the U.S. District Court for the Northern District of California approved a settlement between a retailer and a class of customers to resolve allegations that the retailer violated the California Song-Beverly...more
Ten major banks last week agreed to pay out $8.5 billion to settle allegations that they engaged in abusive foreclosure practices in 2009 and 2010. Of the settlement money, $3.3 billion will go to homeowners whose homes...more
The case involved a loan made by our client to the defendant, Igal Feibush. Feibush and his entities failed to repay the loan, and we were retained by the plaintiff to sue. Penal Code section 496(c) makes it illegal to...more
Recently, the Pennsylvania Superior Court held that sellers of residential real estate are under no duty, pursuant to the Real Estate Seller Disclosure Law, 68 Pa.C.S. §7101 et seq. (“RSDL”), to disclose prior to a sale that...more
Dubbed as the “Homeowner’s Bill of Rights,” on July 11, 2012, California Governor Jerry Brown signed into law AB 278/SB 900 marking the first U.S. state to adopt into law the residential mortgage foreclosure reform principles...more
The Disney Company violated the WARN (Worker Adjustment and Retraining Notification) Act when closing the ESPN Zone restaurant and amusement facility in Baltimore by failing to provide terminated workers with full wages and...more
In the first action of its kind since the agency’s creation, the CFPB, Attorneys General from New Mexico, North Carolina, North Dakota, and Wisconsin, and the Hawaii Office of Consumer Protection joined forces to enjoin a...more
Mama Mia, a Florida restaurant, accepts credit cards as payment for meals. A customer provides his credit card to pay for his meal and receives a receipt from the restaurant. The receipt displays the customer’s credit card...more
The Consumer Product Safety Commission’s (“CPSC”) product safety database suffered its first successful legal challenge in a recent ruling by a Maryland federal judge. U.S. District Judge Alexander Williams Jr.’s opinion in...more
There are dozens of federal statues and regulations that govern consumer privacy. They regulate what data a company can collect and how you must protect it once you have it. One of the best ways to mess up in e-commerce is...more
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