In a September 2024 opinion, the United States District Court, Southern District of New York (SDNY) addressed the conditions for transfer of consent under the FCC’s Telephone Consumer Protection Act (TCPA) Do Not Call (DNC)...more
On September 24, 2023, Governor Gavin Newsom signed SB-1286 which expands California’s Rosenthal Fair Debt Collection Practices Act (California FDCPA) to apply to certain commercial financial products. ...more
The Federal Communications Commission (“FCC”) has unanimously approved a Notice of Proposed Rulemaking (“NPRM”) and Notice of Inquiry (“NOI”), proposing first-of-their-kind AI-generated robocall and robotext rules that would...more
A recent decision issued by the United States District Court for the Northern District of California in Ingram v. Money Map Press, 23-cv-05802-CRB, 2024 U.S. Dist. LEXIS 130905 (N.D. Cal. July 24, 2024) addresses an important...more
Recent decisions by the U.S. Supreme Court in Smith v. Spizzirri, 601 U.S. 472 (2024) and Coinbase, Inc. v. Suski, 144 S. Ct. 1186 (2024) provide important guidance for companies utilizing arbitration clauses in their...more
7/24/2024
/ Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Class Action ,
Coinbase Inc v Suski et al ,
Contract Drafting ,
Contract Terms ,
Delegation Clauses ,
Federal Arbitration Act ,
Judicial Proceedings ,
Mandatory Arbitration ,
Motion to Compel ,
SCOTUS ,
Smith v Spizzirri ,
Stays
On July 10, 2024, the Consumer Financial Protection Bureau (“CFPB”) issued its long-awaited Mortgage Servicing Proposed Rule to amend Regulation X. ...more
Litigation rarely occurs in a vacuum. While no one has a crystal ball, and no in-house counsel can correctly predict every future dispute, examining litigation trends and data can help companies and their legal departments...more
This is the first in a series of articles based on Womble Bond Dickinson’s recent 2024 Trends in Financial Services Litigation seminar.
Managing consumer disputes and consumer lawsuits has always been a fact of life for...more
On November 17, 2023, the Federal Communications Commission (FCC) issued a Notice of Inquiry (NOI), inviting public feedback on the implications of artificial intelligence (AI) on unsolicited and illicit phone calls and text...more
This month, the Consumer Financial Protection Bureau (CFPB) started the new year by filing an amicus brief in an ongoing appeal in the First Circuit focusing on an interpretation of the Fair Debt Collection Practices Act...more
Recently, the Federal Trade Commission (FTC) unanimously approved a resolution that authorizes use of compulsory process in examining companies’ “products and services that use or claim to be produced using artificial...more
Consumer financial service providers and depository institutions are no strangers to attacks on fees charged to consumers while servicing a loan or account. Regulatory action and litigation have long targeted these fees....more