Consumer Protection › Civil Procedure › Constitutional Law

House Committee Refuses To Allow CFPB Director To Appear

On April 22, House Financial Services Committee Chairman Jeb Hensarling (R-TX) sent letters to CFPB Director Richard Cordray and CFPB General Counsel Meredith Fuchs stating that the House Financial Services Committee cannot...more

As the CFPB Turns … And Other Consumer Financial Services News

In this week’s episode of As the CFPB Turns questions remain regarding Director(?) Richard Cordray’s constitutional authority to act as the Director of the CFPB. House Financial Services Committee Chairman, Jeb Hensarling,...more

New FTC Commissioner Prioritizes Transparency in Enforcement

New Federal Trade Commission Commissioner Joshua D. Wright explained at a recent ABA Antitrust Meeting that his top priorities were to develop a more transparent and evidence-based approach to FTC Section 5 enforcement and to...more

Illinois Appellate Court Holds Four-Year Federal Catch-All Statute Of Limitations Governs Private Party TCPA Claims Brought In...

Plaintiff filed suit, placing at issue allegedly unsolicited faxes sent in violation of the TCPA. At issue was the applicable statute of limitations. Defendant’s argued that the Illinois two-year statute governing claims...more

Supreme Court’s Clapper Decision Raises Bar for Standing in Data Security Breach Litigation

On February 26, 2013, the United States Supreme Court in Clapper v. Amnesty International adopted a demanding standard for Article III standing in privacy cases. Although the case addressed issues of Constitutional privacy,...more

Update on CA case challenging Mr. Cordray’s appointment

We have been following the case filed this past summer by the CFPB in a California federal court against an attorney and his law firm that offered mortgage assistance relief services to consumers. In CFPB v. Chance Edward...more

President Obama Re-nominates Richard Cordray For CFPB Director, Nominates Mary Jo White For SEC Chair

On January 24, President Obama announced his re-nomination of current CFPB Director Richard Cordray. Mr. Cordray has led the Bureau since January 2012 when President Obama used his recess appointment authority to install the...more

DOJ files amicus brief supporting plaintiff in Eighth Circuit standing case

Earlier this week, we wrote about Charvat v. First National Bank of Wahoo, a case pending before the Eighth Circuit that raises the question whether a plaintiff has Article III standing to sue for an alleged statutory...more

Important standing case before Eighth Circuit

Among the more interesting developments discussed in our webinar last week on the CFPB’s amicus program was the appeal currently pending before the Eighth Circuit in Charvat v. First National Bank of Wahoo, a case that raises...more

Standing on the Precipice: Privacy Litigation and Standing Requirements

The U.S. Supreme Court heard arguments last month in Clapper v. Amnesty International, a case that asks the Court to determine whether a group of lawyers, journalists, and human rights workers have standing to challenge the...more

New Jersey Courts Require Homeowners to Act Promptly in Defense of Foreclosure

The New Jersey Appellate Division found that homeowners' excessive delay in raising their standing arguments precluded potential defenses and affirmed that a foreclosure judgment received by a party lacking standing is not...more

Standing 101: Can You Be Injured by a Product You Never Bought?

Common sense tells you that you can’t be injured by something you never bought. This must be covered in Standing 101, right? Believe it or not, this issue is being debated right now in the California consumer class action...more

The TCPA - DC District Court Holds Removal Based On Supreme Court Recognition Of TCPA Claims Improper

FDS Restaurants, Inc. v. All Plumbing, Inc., Civ. No. 12-394 (RMC), 2012 WL 4052847 (D.D.C. Sept. 14, 2012). In FDS Restaurants, Inc. v. All Plumbing, Inc., Defendants sought to remove a TCPA case to federal court,...more

The TCPA - Where Can Suit Be Filed

Though the TCPA is a federal statute, until recently, a split of authority existed as to whether federal district courts could exercise original federal question jurisdiction over TCPA claims. This was due to the fact that...more

Legal Byte: Citing to unpublished appellate opinions: may I?

Legal Byte: Judicial notice can get you around the "no-citation" rule to cite to unpublished appellate opinions to support your analysis. ...more

Can I keep all my assets in bankruptcy? (Part 3)

Do you want to know more about how or if you will keep all your assets in bankruptcy? Do you want to know ways to try and keep your assets, or maybe increase your chances? Then you may want to read this post that discusses...more

Fruit Juice MDL Court Dismisses Claims

The Massachusetts federal court overseeing multidistrict litigation against 11 beverage companies, including Coca-Cola Co. and Del Monte Corp., alleging that their fruit juices contained trace amounts of lead, dismissed the...more

Advertising Law - December 14, 2011

In This Issue: Court Refuses to Certify Class in Zip Code Suit; Facebook, Zynga Score Court Victory; TCPA is “Weird,” Says Supreme Court Justice; FDA to Appeal Injunction of Cigarette Labeling Rules; and In San...more

Recent Georgia appellate court decisions impact lenders' foreclosure and confirmation practices

Jeffery Saxby has prepared a Client Alert addressing the following recent decisions by Georgia appellate courts: • An appraiser’s inclusion of a margin of error in making a value determination could save...more

Florida Fair Foreclosure Act

Banks, lenders and mortgage servicers have added a new weapon to their arsenal to defeat homeowners in the foreclosure crisis. . .legislation. Unhappy with crowded court dockets and the prying eyes of homeowners’ attorneys...more

Class Certification Denied in Printer Litigation

A federal court recently denied class certification in a case brought on behalf of consumers accusing Epson America Inc. of misrepresenting how its NX series of printers functioned with ink cartridges. Christopher O’Shea et...more

Mexico Passes Class Action Legislation

Readers with connections to Mexico may wish to take note that in March, 2012, enabling legislation will take effect permitting class action litigation in this southern neighbor. While Mexico’s Consumer Protection Law had...more

A Question Worth Answering Under the Telephone Consumer Protection Act: U.S. Supreme Court to Hear Whether the TCPA Contemplates...

There is no question that Congress contemplated a private right of action under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227(b)(3), and the plaintiffs' bar has taken full advantage of that right. It has been...more

First Amendment Fire Power: United States Supreme Court Applies Strict Scrutiny, Rejects Ban on Violent Video Games

Justice Antonin Scalia and his teammates mowed down California’s ban on violent video games with fully loaded First Amendment precedents and barbed retorts to opposing arguments. In doing so, the Supreme Court reinforced a...more

Kelley v. Nawas International Travel Service

(My litigation) The Ala. Sup. Ct.'s Determination to Enforce Forum Selection Clauses Against Ala. Residents Injured Abroad and...

Traveler abroad who contracted with a travel agent based in Connecticut who was seriously injured on trip is thrown out of court in Alabama based on forum selection clause in travel agent's brochure, despite argument that it...more