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Financial Services Weekly News: Regulators Highlight Key Risks for Banking System

In This Issue. The Office of the Comptroller of the Currency (OCC) highlighted the key risks facing the federal banking system in its Semiannual Risk Perspective for Fall 2019; the Financial Stability Oversight Council (FSOC)...more

Eleventh Circuit Decertifies TCPA Class on Traceability and Predominance Grounds

On November 15, 2019, the Eleventh Circuit decertified a Telephone Consumer Protection Act (TCPA) class in Cordoba v. DIRECTV, LLC (No. 18-12077, 2019 WL 6044305), finding that the plaintiff could not adequately identify...more

Financial Services Weekly News: SEC Amends Auditor Independence Rules

In This Issue. The Securities and Exchange Commission (SEC): (i) adopted amendments clarifying auditor independence rules in light of lending relationships with shareholders of an audit client; (ii) adopted a set of new...more

Financial Services Weekly News - December 2018

Editor's Note - In This Issue. The Securities and Exchange Commission (SEC) adopted rules and amendments designed to promote research on mutual funds, exchange-traded funds (ETFs), registered closed-end funds, business...more

Supreme Court Grants Cert in TCPA Junk Fax Case to Determine Whether the Hobbs Act Trumps the Chevron Doctrine

On November 13, 2018, the Supreme Court granted certiorari in PDR Network, LLC v. Carlton & Harris Chiropractic (No. 17-1705), to answer the question whether the Hobbs Act required the district court to accept the Federal...more

In the Wake of ACA International, Four Cases Follow Suit

On March 16, 2018, the D.C. Circuit issued a long-awaited ruling in ACA Int’l v. FCC, which struck down the Federal Communications Commissions’ (FCC’s) expansive interpretation of the Telephone Consumer Protection Act’s...more

Putative TCPA Class Denied Certification Under Spokeo

On August 15, 2017, the Northern District of Illinois denied class certification to a proposed Telephone Consumer Protection Act (TCPA) class in Legg v. PTZ Insurance Agency Ltd., No. 14 C 10043. The court held that, because...more

Second Circuit Holds that Contractually-Given Consent Cannot be Revoked Under TCPA

On June 22, 2017, the Second Circuit decided Reyes v. Lincoln Automotive Financial Services, No. 16-2104—a decision which is a win for the TCPA defense bar. In Reyes, the Second Circuit held that, once a consumer consents to...more

D.C. Circuit: TCPA Does Not Empower FCC to Mandate Opt-Out Notices in Solicited Faxes

On March 31, 2017, the D.C. Circuit held in Bais Yaakov of Spring Valley v. FCC that, based on a plain reading of the TCPA, the FCC does not have the authority to mandate that senders of solicited fax advertisements include...more

FCC Issues Enforcement Advisory Clarifying Permissible Use of Robotexts Under the TCPA

On November 18, 2016, the FCC issued an enforcement advisory clarifying its position that autodialed text messages, known as “robotexts,” are subject to the TCPA. As we reported last year, the FCC issued a package of...more

Human Touch Defeats TCPA Unsolicited Text Messaging Class Action

On June 1, 2015, the Northern District of California granted AOL’s motion to dismiss a class action Telephone Consumer Protection Act (TCPA) suit premised on four text messages received by the named plaintiff in Derby v. AOL,...more

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