We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging...more
2/17/2025
/ Automotive Loans ,
Consumer Financial Products ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Debt Collection ,
Enforcement Actions ,
Financial Institutions ,
Financial Regulatory Reform ,
Financial Services Industry ,
FinTech ,
Regulatory Agenda ,
Regulatory Requirements ,
TCPA ,
UDAAP ,
Uniform Commercial Code (UCC)
In a previous post, we discussed the oral arguments held on December 18, 2024, by the U.S. Court of Appeals for the Eleventh Circuit in the case of Insurance Marketing Coalition Limited (IMC) v. Federal Communications...more
1/27/2025
/ Consent ,
Enforcement Actions ,
FCC ,
Final Rules ,
Lead Generators ,
Regulatory Agenda ,
Regulatory Requirements ,
Robocalling ,
Stays ,
TCPA ,
Telecommunications ,
Telemarketing
As discussed here, on July 27, 2022, the Eleventh Circuit Court of Appeals sua sponte vacated the district court’s approval of a $35 million class-action settlement in Drazen and Godaddy.com, LLC (Godaddy) v. Pinto. Although...more
Please join Consumer Financial Services Partner Chris Willis in this inaugural crossover episode with Partner Dave Gettings of FCRA Focus in welcoming their guests and fellow Partners Cindy Hanson and David Anthony. Dave,...more
Please join Consumer Financial Services Partner Dave Gettings in this inaugural crossover episode with Partner Chris Willis of The Consumer Finance Podcast in welcoming their guests and fellow Partners Cindy Hanson and David...more
Please join Consumer Financial Services Partner Dave Gettings and his guests and colleagues Jessica Lohr and Virginia Flynn who discuss their recent service as jurors on criminal cases, while also providing valuable insight...more
11/1/2022
/ Appeals ,
Banks ,
Business Disputes ,
Complex Litigation ,
Consumer Litigation ,
Consumer Reporting Agencies ,
Employee Retirement Income Security Act (ERISA) ,
Fair Credit Reporting Act (FCRA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Juror ,
Jury Trial ,
Mortgage Servicers ,
TCPA
On July 18, a New Jersey district court ruled that a customer’s contract termination with a merchant does not also terminate the “established business relationship” (EBR) exception for purposes of the Telephone Consumer...more
In Carroll v. Medicredit, Inc., No. 2:20-cv-01728-KJD-EJY (D. Nev. Mar. 18, 2022), the court denied the parties’ cross motions for judgment on the pleadings as to claims under the Telephone Consumer Protection Act (TCPA) the...more
In Eggleston v. Reward Zone USA LLC, No. 2:20-cv-01027-SVW-KS (C.D. Cal. Jan. 28, 2022), the U.S. District Court for the Central District of California rejected the argument that text messages are “artificial or prerecorded...more
In Watts v. Emergency Twenty Four, Inc. (No. 20-cv-1820 (N.D. Ill. June 21, 2021), the Northern District of Illinois granted a motion to dismiss claims asserted against a security company under the Telephone Consumer...more
In a unanimous decision, the U.S. Supreme Court decided Duguid v. Facebook, finding once and for all that an automatic telephone dialing system (ATDS) as defined by the Telephone Consumer Protection Act (TCPA) requires a...more
2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions...more
3/3/2021
/ Background Checks ,
Banking Sector ,
Bankruptcy Code ,
Banks ,
CARES Act ,
Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
Debt Collection ,
Debt Collectors ,
ECOA ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Lenders ,
Student Loans ,
TCPA
In Vandenberg & Sons Furniture, Inc. v. Alliance Funding Grp., Judge Quist of the District Court for the Western District of Michigan granted in part and denied in part the plaintiff’s motion for class certification arising...more
In Russell v. Law, Judge Van Bokkelen, of the United States District Court for the Northern District of Indiana, granted summary judgment, in part, to Russell Friend (“Plaintiff”)– alleging Taylor Law, PLLC (“Defendant”)...more
In Hirsch v. USHealth Advisors, LLC, Judge Pittman, of the United States District Court for the Northern District of Texas, denied Aaron Hirsch’s (“Plaintiff”) Motion for Class Certification, which was based on allegations...more
In an Order issued December 16, 2020, the Eastern District of Texas adopted the Report and Recommendation of United States Magistrate Judge Kimberly C. Priest Johnson finding that calls placed to a cellular telephone do not...more
On appeal in Grigorian v. FCA US LLC, the Eleventh Circuit affirmed the holding of Judge Cooke, of the United States District Court for the Southern District of Florida, that Mariam Grigorian (“Mariam”), Plaintiff and...more
The U.S. Supreme Court heard oral argument today in Duguid v. Facebook to decide, once and for all, whether an automatic telephone dialing system (ATDS), as defined in the Telephone Consumer Protection Act (TCPA), requires a...more
In Johnson v. NPAS Sols., LLC, No. 18-12344 (11th Cir. Sep. 17, 2020), the Eleventh Circuit (the “Court”) found a series of errors in an order entered by the Southern District of Florida approving the settlement of a class...more
On July 9th, the Supreme Court granted certiorari in Duguid v. Facebook to decide, once and for all, whether an automatic telephone dialing system (ATDS), as the Telephone Consumer Protection Act (TCPA) defines the phrase,...more
7/11/2020
/ ATDS ,
Auto-Dialed Calls ,
Certiorari ,
Data Storage ,
Facebook ,
Facebook Inc v Duguid ,
Petition for Writ of Certiorari ,
Popular ,
Random or Sequential Number Generator ,
SCOTUS ,
Split of Authority ,
TCPA
The United States Supreme Court issued its much-awaited decision in Barr v. American Association of Political Consultants on Monday, July 6, striking down the government-backed debt exemption in the Telephone Consumer...more
7/8/2020
/ ATDS ,
Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Cell Phones ,
Compelling Governmental Interest ,
Constitutional Challenges ,
Content-Based Restrictions ,
Debt Collection ,
Exceptions ,
Federal Bans ,
First Amendment ,
Free Speech ,
Government Debt-Exception ,
Robocalling ,
SCOTUS ,
Severability Doctrine ,
Strict Scrutiny Standard ,
TCPA
The Federal Communications Commission (FCC) issued a noteworthy order on June 25, 2020, in its continuing interpretation of the Telephone Consumer Protection Act (TCPA). In its order, the FCC confirmed many courts’ existing...more