In Keyes v. Ocwen Loan Servicing, LLC, No. 17-cv-11492, 2018 WL 3914707 (E.D. Mich. Aug. 16, 2018), the Eastern District of Michigan determined that the system Ocwen Loan Servicing, LLC (“Ocwen”) used to place calls, the...more
In Harris v. Navient Solutions, LLC, No. 3:15-cv-564 (RNC), 2018 WL 3748155 (D. Conn. Aug. 7, 2018), the United States District Court for the District of Connecticut followed the Second Circuit’s decision in Reyes v. Lincoln...more
The Northern District of Alabama recently followed the Second Circuit’s holding in Reyes v. Lincoln Automotive Financial Services, 861 F.3d 51 (2d Cir. 2017), and held that consent provided in a contract as part of a...more
8/15/2018
/ ATDS ,
Consent ,
Consumer Financial Contracts ,
Contract Terms ,
Corporate Counsel ,
Debt Collection ,
Dish Network ,
Financial Services Industry ,
Revocation ,
Summary Judgment ,
TCPA
In Ferrer v. Bayview Loan Servicing, LLC, No. 15-20877-Civ-Scola, 2018 WL 582584 (S.D. Fla. Jan. 26, 2018), the Southern District of Florida determined that a telephone dialing system that was incapable of predictively...more
In Kristensen v. Credit Payment Services, Inc., — F.3d —, 2018 WL 343758 (9th Cir. 2018), the Ninth Circuit recently held that three lenders and two marketing companies could not be vicariously liable under the TCPA for text...more
In Breda v. Cellco Partnership, No. 16-11512-DJC, 2017 WL 5586661 (D. Ma. Nov. 17, 2017), the plaintiff, Robin Breda (“Plaintiff”) claimed Cellco Partnership (“Cellco”) violated § 227(b)(1) of the Telephone Consumer...more
In the consolidated cases Espejo v. Santander Consumer USA Inc., No. 11 C 8987, 2016 WL 6037625 (N.D. Ill. Oct. 14, 2016) and Levins v. Santander Consumer USA Inc., No. 12 C 9431, 2016 WL 6037 (N.D. Ill. Oct. 14, 2016), the...more
10/20/2016
/ Article III ,
Ascertainable Class ,
ATDS ,
Cell Phones ,
Class Action ,
Class Certification ,
FRCP 23 ,
Injury-in-Fact ,
Invasion of Privacy ,
Nuisance ,
Spokeo v Robins ,
Standing ,
Summary Judgment ,
TCPA
The Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted as a measure to promote financial stability and protection for consumers through increased regulation of nearly every aspect of the consumer finance...more
11/3/2015
/ Amicus Briefs ,
Anti-Retaliation Provisions ,
Appeals ,
Arbitration ,
Automotive Industry ,
Automotive Loans ,
Chevron Deference ,
Class Action ,
Class Action Arbitration Waivers ,
Consumer Complaint System ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Reports ,
Debt ,
Debt Collection ,
Debt Collectors ,
Department of Labor (DOL) ,
Deutsche Bank ,
Disclosure Requirements ,
Dodd-Frank ,
Fannie Mae ,
FDCPA ,
FDIC ,
Federal Reserve ,
Financial Institutions ,
Foreclosure ,
GE Capital Retail Bank ,
Hiring & Firing ,
HMDA ,
ILSA ,
Integrated Disclosures ,
JPMorgan Chase ,
Lenders ,
Mortgages ,
Obama Administration ,
OCC ,
Political Appointments ,
Preemption ,
Recess Appointments ,
Regulation X ,
Regulation Z ,
RESPA ,
Rural Development ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Standing ,
Summary Judgment ,
Truth in Lending Act (TILA) ,
Wachovia ,
Whistleblower Protection Policies ,
Whistleblowers