News & Analysis as of

Civil Procedure Consumer Protection

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

What Does This Mean For You?

by King & Spalding on

The Dreher case is significant and should be welcome news for defendants facing technical claims — often broad, putative class actions premised on allegations of hypothetical or informational injuries. The Fourth Circuit is...more

Will he or will he not issue the arbitration rule?

by Ballard Spahr LLP on

I have previously expressed serious doubt whether Director Cordray will issue a final arbitration rule. In the CFPB’s last semi-annual regulatory agenda issued last year, the CFPB stated that the arbitration rule would be...more

Seventh Circuit Limits Ability to Moot Claims of Class Representative in the Wake of Campbell-Ewald

On June 20, 2017, the Seventh Circuit ruled that a defendant cannot moot the individual claims of a putative class representative by depositing an unaccepted settlement offer with the court covering all relief purportedly...more

Advertising Law - June 2017 #4

Website, Mobile App Get Changes Thanks to CARU - A new decision from the Children’s Advertising Review Unit demonstrates the self-regulatory body’s efforts to work with a mobile application and website operator to ensure...more

Private Needle Exchange Programs Do Not Require Local Approval: Massachusetts Supreme Judicial Court Weighs In

Last week, in a case being watched locally and nationally, the Massachusetts Supreme Judicial Court (“SJC”) ruled that local government approval is not required for the operation of a private needle exchange program and that...more

Financial Services Report - Summer 2017

by Morrison & Foerster LLP on

EDITOR’S NOTE - Summer blockbuster season is officially upon us. Have you seen Wonder Woman yet? What about Guardians of the Galaxy Part 2? It’s déjà vu all over again with Baywatch, Pirates of the Caribbean, Alien,...more

District Court Rebuffs CFPB’s RESPA “Continuing Violations” Theory

by Foley & Lardner LLP on

On June 6, 2017, a federal district court in Menichino v. CitiBank rejected an interpretation of the RESPA Section 8 statute of limitations espoused by the CFPB in captive reinsurance cases, instead concluding that RESPA’s...more

Implications of the Supreme Court's Kokesh Decision

by WilmerHale on

Earlier this month, the Supreme Court ruled unanimously in Kokesh v. SEC that a claim for disgorgement arising from the violation of federal securities law constitutes a “penalty” for purposes of the general statute of...more

Consumer Protection Class Action Lawsuit Over “Free” Candy Crush Plays Will Proceed

by Reed Smith on

A class action lawsuit against the developer of Candy Crush will continue in Illinois federal court. According to the complaint, Candy Crush, a popular mobile game, entices users into sharing the game with Facebook friends in...more

Going Down For A Third Time – Barnes & Noble Consumer Data Breach Claims Are Dismissed Again for Lack of Injury

Despite some courts’ evident confusion about the impact of payment card theft on consumer cardholders, other courts are getting it right. Just this week, a judge in the Northern District of Illinois issued an order dismissing...more

Canadian Government Suspends Implementation of Private Right of Action Under CASL

Our previous alert regarding changes to Canada’s Anti-Spam Legislation (“CASL”) previewed two important changes that were to come into effect as of July 1, 2017...more

Kerfuffle on statute of limitations issue in PHH case

by Ballard Spahr LLP on

On June 7, the CFPB submitted a Rule 28(j) letter to the D.C. Circuit in the PHH case. In the letter, the CFPB embraced the fact that the Supreme Court’s recent Kokesh v. SEC decision makes the five-year statute of...more

SCOTUS Says Debt Purchasers Are Not Debt Collectors

by Baker Donelson on

Debt purchasers attempting to collect on those debts across multiple jurisdictions now have uniform law that they are not debt collectors subject to the FDCPA. On June 12, in a unanimous decision, the United States Supreme...more

CFPB Announces Consent Order for Mortgage Servicing Violations

by Ballard Spahr LLP on

The CFPB recently announced that it has entered into a consent order with Fay Servicing, LLC (“Fay”) to settle alleged mortgage servicing violations. A copy of the consent order can be found here. As is typical for CFPB...more

Arbitration Agreements Cannot Foreclose A Party’s Right To Seek Public Injunctive Relief Under California’s Consumer Protection...

by Weintraub Tobin on

The California Supreme Court has struck back in its ongoing battle with the United States Supreme Court as to the enforceability of arbitration agreements in consumer contracts. On April 7, 2017, in McGill v. Citibank, the...more

Class Certification Denied in TCPA Fax Class Action Due to Dishonesty

by Klein Moynihan Turco LLP on

On June 2, 2017, the United States District Court for the Northern District of Illinois denied class certification in a Telephone Consumer Protection Act (“TCPA”) putative class action. In doing so, the district judge chided...more

DC Circuit Denies Rehearing of TCPA Fax Decision

On June 6, 2017, the US Court of Appeals for the DC Circuit denied the government’s request for an en banc rehearing of a March 31, 2017, decision that invalidated a decade-old Federal Communications Commission (FCC) rule...more

Federal Court Dismisses Class Action Alleging Solicitation for Payments on Time-Barred Debt is "Misleading" Under FDCPA

by Ballard Spahr LLP on

A federal district court in New Jersey dismissed a putative class-action lawsuit against Total Card, Inc. (TCI), a South Dakota-based debt collector. The plaintiff alleged that TCI violated the Fair Debt Collection Practices...more

CFPB withdraws CID issued to structured settlements purchaser, petition to enforce CID denied as moot

by Ballard Spahr LLP on

The CFPB’s petition filed in a Pennsylvania federal district court last June to enforce a CID issued to J.G. Wentworth, LLC, a purchaser of structured settlements and annuities, was denied by the court last week as moot. The...more

Supreme Court Decides Henson v. Santander Consumer USA Inc.

by Faegre Baker Daniels on

On June 12, 2017, the Supreme Court decided Henson v. Santander Consumer USA Inc., No. 16–349, holding that a company may collect debts that it purchased for its own account without triggering the statutory definition of...more

New Competition Law in Germany

by White & Case LLP on

Today, significant changes to the German Act against Restraints of Competition have entered into effect. This newsletter provides an overview of the most significant aspects of the 9th amendment to the German competition law....more

Privacy Alert: Government of Canada Suspends CASL's Private Right of Action Provisions

by Field Law on

By Order in Council dated June 7, 2017, the federal government suspended the coming into force of the private right of action provisions under Canada’s Anti-Spam legislation (CASL), “in response to broad-based concerns raised...more

Anti-Spam Legislation’s Private Right of Action Suspended

by Smart & Biggar on

In a news release on June 7, the Government announced that it was suspending the implementation of the “private right of action” provisions in Canada’s anti-spam legislation (CASL), in response to broad-based concerns raised...more

District of New Jersey Dismisses FACTA Suit on Spokeo Grounds

by Goodwin on

Even a year after it issued its opinion in Spokeo v. Robins, the Supreme Court’s decision on Article III standing continues to be hotly contested. On June 6, 2017, the District of New Jersey cited Spokeo in dismissing an...more

Class Action Roundup: Spring 2017

by Alston & Bird on

Happy New Year! While we acknowledge that it’s nearly summer now, this issue of Roundup includes case highlights from the first quarter of 2017. The year kicked off with more activity than the last quarter of 2016, with cases...more

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