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Statute of Limitations › Unfair or Deceptive Trade Practices

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period... more +
Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -
Smith Anderson

Contracting Parties May Not Shorten The Statute Of Limitations For Unfair And Deceptive Trade Practices Claims

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The North Carolina Court of Appeals has effectively ruled that parties cannot contractually agree to shorten the four-year statutory limitations period under the North Carolina Unfair and Deceptive Trade Practices Act...more

McGlinchey Stafford

Am I Entitled to a Bonus? - McGlinchey Commercial Law Bulletin - February 16, 2024

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Ohio- Enforceability of Arbitration Agreement- Bryan Costin v. Midwest Vision Partners LLC., 8th Dist. Cuyahoga No. 112651, 2024-Ohio-463. The Eighth District Court of Appeals recently affirmed the trial court’s ruling...more

Shipkevich PLLC

CFPB Proposes Order in Massive Action Against Debt Collection Company

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On March 23, 2023, the Consumer Financial Protection Bureau (CFPB) has taken action against one of the largest debt collectors in the United States, Portfolio Recovery Associates (PRA), for various violations of law,...more

Nutter McClennen & Fish LLP

Massachusetts Court Tosses Out Time-Barred Claims Against Williams-Sonoma

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Judge Krupp, sitting in the Massachusetts Business Litigation Session, ruled that the statute of limitations barred the plaintiff’s tort, contract, and unfair and deceptive practices claims against Williams-Sonoma....more

Cadwalader, Wickersham & Taft LLP

U.S. Court of Appeals for the Third Circuit Agrees to Hear Interlocutory Appeal in CFPB Enforcement Action against Student Loan...

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On April 29, 2022, the U.S. Court of Appeals for the Third Circuit granted a petition for permission to appeal in Consumer Financial Protection Bureau v. The National Collegiate Master Student Loan Trusts filed by defendants...more

Orrick, Herrington & Sutcliffe LLP

State Attorneys General Newsletter – October 2021

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New York Attorney General Enters into Settlement Prohibiting “No-Poach” Pacts in Title Insurance Industry - New York Attorney General Letitia James recently entered into a settlement agreement with a national insurance...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights - March 2021

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Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. In this edition, we are also highlighting popular posts...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Old Debts and Flight Attendants

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This week, we take a look at two cases requiring the Ninth Circuit to navigate interlocking provisions of state and federal law.  In the first case, the Court addressed how the Fair Debt Collection Practices Act applies to a...more

Hudson Cook, LLP

Discovering a Limit to Power: A Statute of Limitations Applied to the CFPB

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The substantial powers of the Consumer Financial Protection Bureau (CFPB) have recently received renewed attention following the U.S. Supreme Court's decision in Seila Law LLC v. CFPB. That case held that the CFPB was...more

Proskauer - Minding Your Business

Private Plaintiff and Class Action Price Gouging Claims Spread as Emergency Continues

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Private plaintiffs and state enforcers have been targeting businesses up and down the supply chain for price gouging violations. Some of these actions have been over the price of goods long associated with the COVID-19...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – May 2020

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Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies....more

Bradley Arant Boult Cummings LLP

BCFP Enters into Consent Order with Small Dollar Lender #2

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On October 24, 2018, the Bureau of Consumer Financial Protection (BCFP), formerly known as the CFPB, entered into a Consent Order with Cash Express, LLC. Cash Express is a small dollar lender based in Cookeville, Tennessee,...more

Ballard Spahr LLP

CFPB announces consent order with small-dollar lender

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The CFPB announced that it has entered into a consent order with Cash Express, LLC to settle charges that the company engaged in deceptive and abusive acts or practices in violation of the Consumer Financial Protection Act...more

Goulston & Storrs PC

Probate and Fiduciary Litigation Newsletter - August 2018

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Three recent trial court decisions address issues that may be of interest to estate planning and administration lawyers, as well as probate and fiduciary litigators...more

Smith Debnam Narron Drake Saintsing & Myers,...

Third Circuit Holds Settlement Offer On Time-Barred Debt States Plausible FDCPA Claim

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Settle (verb): “to conclude (a lawsuit) by agreement between parties usually out of court. Merriam Webster Dictionary - The Third Circuit has refined its position as to whether collection of time-barred debt may violate...more

Ballard Spahr LLP

Collection Letter Making Settlement Offer for Time-Barred Debt Can Violate FDCPA Without Legal Action Threat, Third Circuit Rules

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A letter sent to collect a time-barred debt that makes a settlement offer can, even without a threat of legal action, violate the Fair Debt Collection Practices Act's (FDCPA) general prohibition against a debt collector's use...more

Davis Wright Tremaine LLP

Federal Reserve Enters Consent Order to Sanction Deceptive Practice Involving Credit Card Product

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The Board of Governors of the Federal Reserve System (Federal Reserve) recently exercised its authority to enforce laws prohibiting unfair or deceptive acts or practices committed by a financial institution under the Federal...more

Ballard Spahr LLP

Fed issues consent order for bank’s alleged deceptive practices involving balance transfer credit cards

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The Federal Reserve Board announced that it had issued a Consent Order against Mid America Bank and Trust Company (Bank) for alleged deceptive marketing practices in violation of section 5 of the FTC Act related to balance...more

Robinson+Cole Property Insurance Coverage...

Suit Limitation Period In Standard Flood Insurance Policy Is Not Tolled By Filing In State Court: Hurricane Irene Claim Dismissed...

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The terms and conditions of the Standard Flood Insurance Policy (“SFIP”) are specified by regulations promulgated under the National Flood Insurance Act (“NFIA”). One of the terms in the SFIP provides that the insured cannot...more

Foley Hoag LLP

Product Liability Update: April 2017

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Massachusetts Federal Court In Prescription Drug Case Holds “Learned Intermediary” Rule Requiring Warnings Only To Prescribing Physician Applied Even Though Patient and Caregiver Were Physicians, But Experts’ Affidavits of...more

Burr & Forman

Filing a Proof of Claim after Crawford: the Potential for Creditors to Face FDCPA Violations in the Eleventh Circuit

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The language of Bankruptcy Code § 501(a) is as broad as it is simple. "A creditor or an indenture trustee may file a proof of claim." The Bankruptcy Code's definition of "claim" only broadens § 501(a)'s scope: a "claim" means...more

Manatt, Phelps & Phillips, LLP

Retail and Consumer Products Law Roundup - November 2015

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We are pleased to share with you the first issue of Manatt's Retail and Consumer Products Law Roundup. The newsletter will be published on a monthly basis and will survey topics of critical importance to the retail,...more

Foley Hoag LLP

Product Liability Update - October 2015

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Massachusetts Federal Court Holds Proof of Testing of Proposed Alternative Design Not Required in Design Defect Claim, Evidence Plaintiff Ignored Defendant’s Warnings Did Not Establish He Was Sole Proximate Cause of Injury on...more

Ballard Spahr LLP

NCLC urges CFPB to ban collection of time-barred debts

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The National Consumer Law Center is urging the CFPB to ban the collection of debts on which the statute of limitations has run. The recommendation is made in a new NCLC report titled “Zombie Debt: What the CFPB Should...more

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