News & Analysis as of

Opt-Outs Credit Cards

Ballard Spahr LLP

Colorado provides some (but not enough) guidance on new general-purpose credit card carve-out

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In the same 2023 bill (House Bill 23-1229) that included Colorado’s DIDMCA opt-out**, Colorado adopted a statute excepting certain “general-purpose credit cards”, as defined, from the state’s limitations on finance charges...more

Goodwin

Colorado Opts Out of Federal Interest Exportation for Consumer Credit: 3 Things Credit Card and Lending Programs Need to Know

Goodwin on

Colorado House Bill 23-1229 (the Bill) was signed into law on June 5,  2023. As part of the Bill, Colorado opted out of the federal interest exportation right granted to federally insured, state‐chartered banks under the...more

Ballard Spahr LLP

Colorado opt-out signed into law, effects to be seen

Ballard Spahr LLP on

As anticipated, on June 5, 2023, Colorado Governor Jared Polis signed into law Colorado HB23-1229, which will exclude consumer loans made in Colorado from the provisions of Section 521 of the Depository Institutions...more

Faegre Drinker Biddle & Reath LLP

Central District of California Grants Motion for Summary Judgment After Finding That Plaintiff Failed to Revoke Prior Express...

The Central District of California recently granted summary judgment to the defendant on a TCPA claim in Mendoza v. Allied Interstate LLC, SACV 17-885 JVS (KESx), 2019 WL 5616961 (C.D. Cal. Oct. 22, 2019), finding that the...more

Ballard Spahr LLP

FCC seeks comment on petition requesting ruling on TCPA’s application to opt-out confirmation text messages

Ballard Spahr LLP on

The FCC has issued a notice announcing that it is seeking comment on a petition filed by Capital One Services, LLC (Capital One) that asks the FCC to issue a declaratory ruling to confirm that the recipient of an opt-out...more

Carlton Fields

District of Connecticut Enforces Amex Arbitration Clause Where Cardmember Did Not “Opt Out”

Carlton Fields on

In a dispute involving fraudulent charges, the District of Connecticut required American Express and the cardmember to resolve their issue in arbitration, pursuant to the cardmember agreement, as amended. AmEx provided notice...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - June 2019

In this month's edition of our Privacy & Cybersecurity Update, we reflect on the GDPR's one-year anniversary while also examining the EU's new Cybersecurity Act. We also take a look at HHS' new guidance on direct liability of...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #164 – Identity Thieves Using USPS Informed Delivery to Open Fraudulent Credit Card Accounts

The United State Postal Service (USPS) launched a program called “Informed Delivery” with the goal to assist consumers in protecting themselves from identity theft. ...more

Dorsey & Whitney LLP

District Court Stays Class Action in Favor of Arbitration

Dorsey & Whitney LLP on

In Zambrana v. Pressler & Pessler LLP, the Southern District Court of New York stayed a putative class action against various creditors for alleged violations of the Fair Debt Collection Practices Act (FDCPA), referring the...more

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