Jamaica’s Data Protection Act (DPA) was enacted in May 2020, modeled after the European Union’s General Data Protection Regulation (GDPR). While many companies may not be aware of this critical piece of privacy legislation...more
Data privacy and security are becoming more important in day-to-day business, and the European Union’s approach to consumer privacy rights has expanded its reach across the globe. Jamaica’s Data Protection Act of 2020 gave...more
On September 6, New York's attorney general announced that she will lead an antitrust investigation focused on Facebook. The leadership team conducting the investigation also includes the attorneys general of Colorado,...more
9/12/2019
/ Anti-Competitive ,
Antitrust Division ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Facebook ,
Investigations ,
Online Platforms ,
Social Media ,
State Attorneys General ,
Technology Sector
In a 5-4 ruling issued on Monday, the U.S. Supreme Court in Apple Inc. v. Pepper determined that iPhone users may proceed with their claims against Apple over its alleged anticompetitive app store practices. The decision...more
5/20/2019
/ Antitrust Violations ,
Appeals ,
Apple Inc v Pepper ,
Class Action ,
Direct Purchasers ,
Dismissals ,
Internet Retailers ,
iPhone ,
Mobile Apps ,
Monopolization ,
Reversal ,
SCOTUS
On June 11, the FCC’s Restoring Internet Freedom Declaratory Ruling, Report and Order, and Order, 33 FCC Rcd. 311 (2018) (the “Order”) took effect. The Order overturned the net neutrality rules that prevented internet service...more
REAL PROPERTY UPDATE -
Foreclosure/Statute of Limitations & Res Judicata: trial court erred in finding that bank's foreclosure action was barred by statute of limitations and res judicata - U.S. Bank Nat'l Ass'n, etc. v....more
8/2/2018
/ Auto-Dialed Calls ,
Deutsche Bank ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Material Misrepresentation ,
Mortgages ,
Nationstar ,
Res Judicata ,
RESPA ,
Right of Redemption ,
Statute of Limitations ,
TCPA ,
Time Warner Cable ,
Title Insurance ,
US Bank National Association
REAL PROPERTY UPDATE -
- Equitable Lien/Foreclosure: lender entitled to an equitable lien, but not entitled to foreclose on that lien where was no showing of default on mortgage from which the lien arose - Rozanski v....more
6/28/2018
/ Action to Quiet Title ,
Condition Precedent ,
Condominium Associations ,
Condominiums ,
Consumer Financial Products ,
Debt Collection ,
Deutsche Bank ,
Equitable Lien ,
Fair Credit Reporting Act (FCRA) ,
Financial Services Industry ,
Foreclosure ,
Foreign Judgments ,
Fraudulent Transfers ,
Insurance Code ,
Midland Funding ,
Mortgages ,
Motion to Vacate ,
Old Republic Title ,
Personal Jurisdiction ,
Restrictive Covenants ,
Specific Jurisdiction ,
Supplemental Jurisdiction ,
TCPA ,
Title Insurance ,
US Bank National Association ,
Wells Fargo
REAL PROPERTY UPDATE -
Foreclosure/Standing: bank's allegation in complaint that it acquired loan and possessed both legal and beneficial interest in note and mortgage prior to filing complaint, coupled with the subsequent...more
6/6/2018
/ Article III ,
Attorney's Fees ,
Bank of New York (BNY) Mellon ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
HELOC ,
JPMorgan Chase ,
Mortgages ,
Policy Exclusions ,
RICO ,
Standing ,
Statute of Limitations ,
TCPA ,
Title Insurance ,
Wells Fargo
REAL PROPERTY UPDATE -
Summary Judgment: incorporation of an affirmative defense by referencing “previously filed pleadings” does not obviate movant’s obligation to comply with particularity requirements mandated by rule...more
5/16/2018
/ Ally Financial Inc ,
American Express ,
Article III ,
Bank of America ,
BAPCPA ,
Chapter 7 ,
Condominiums ,
Consumer Bankruptcy ,
Debt Collectors ,
Deutsche Bank ,
Equifax ,
Exculpatory Clauses ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
HOA Dues ,
Leases ,
Mortgages ,
Negligence ,
Repossess ,
Standing ,
Title Insurance ,
Truth in Lending Act (TILA) ,
Wells Fargo
REAL PROPERTY UPDATE -
Lis Pendens: lawsuit to foreclose mortgage on real property is an action "founded on a duly recorded instrument" - National American Home, LLC v Deutsche Bank Nat. Trust Co., Case No. 4D17-2614 (Fla....more
4/25/2018
/ Attorney's Fees ,
Bank of New York (BNY) Mellon ,
Condition Precedent ,
Debt Collection ,
Deutsche Bank ,
Fair Credit Reporting Act (FCRA) ,
FCCPA ,
FDCPA ,
Financial Services Industry ,
First American Title Insurance Co. ,
Foreclosure ,
Lis Pendens ,
Marketable Title ,
Mortgages ,
Pleadings ,
Regulatory Violations ,
RESPA ,
RICO ,
TCPA ,
Title Insurance ,
US Bank National Association
On December 14, the FCC voted to repeal the net neutrality regulations brought about by the 2015 Open Internet Order. The FCC has now replaced that framework with the Declaratory Ruling, Report and Order called Restoring...more
On August 3, the FCC proposed an $82 million fine against a company and its individual owner/operator for making millions of illegally spoofed “robocalls” to consumers across the country. According to the FCC News Release,...more
On July 13, the FCC issued a second notice of inquiry, following its March 23 adoption of a notice of proposed rulemaking, aimed at protecting consumers from robocalls. The rulemaking proposes express authorization for...more
On November 2, the FCC released its Report and Order adopting new privacy rules for telecommunications carriers after a 3-2 vote.
After the reclassification of broadband internet access service as a telecommunications...more
11/18/2016
/ Arbitration ,
Broadband ,
Class Action ,
Data Collection ,
FCC ,
Internet ,
Internet Service Providers (ISPs) ,
Mandatory Arbitration Clauses ,
Notification Requirements ,
Opt-Outs ,
Telecommunications ,
Transparency
IN THE SPOTLIGHT -
The CFPB Takes First Enforcement Action Related to Data Security Practices.
LIFE INSURANCE -
Class Certified in Unique Fixed Indexed Annuity Case.
Alleged Misrepresentations to DFS Warrant...more
5/6/2016
/ Auto Insurance ,
Automotive Loans ,
Bad Faith ,
Class Action ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Data Security ,
Department of Justice (DOJ) ,
Derivatives ,
Fair Credit Reporting Act (FCRA) ,
False Claims Act (FCA) ,
FCC ,
Fiduciary Duty ,
Fixing America’s Surface Transportation Act (FAST Act) ,
Health Care Providers ,
Junk Bonds ,
Life Insurance ,
RESPA ,
Retirement Plan ,
Securities and Exchange Commission (SEC) ,
SLUSA ,
Stark Law ,
TCPA ,
TILA-RESPA Integrated Disclosure Rule (TRID) ,
Uninsured and Under-Insured Motorists ,
Waivers
Effective January 10, 2014, the Consumer Financial Protection Bureau (CFPB) amended Regulation X, which implements the Real Estate Settlement Procedures Act (RESPA). These provisions address, among other things, a servicer’s...more
In Davidson v. Capital One Bank (USA), N.A., the Eleventh Circuit affirmed a district court’s dismissal of an amended complaint against Capital One Bank (USA), N.A. (“Capital One”) for alleged violations of the Fair Debt...more
9/1/2015
/ Amended Complaints ,
Capital One ,
Debt ,
Debt Buyers ,
Debt Collection ,
Debt Collectors ,
FDCPA ,
Financial Institutions ,
HSBC ,
Interstate Commerce ,
Notice of Default
Last week, the FCC issued its self-described “largest forfeiture order” to date for robocalling violations. The Commission announced the $2.96 million fine against a travel company based in Tampa, Florida, and its owner, for...more
8/26/2015
/ Class Action ,
Declaratory Rulings ,
Do Not Call List ,
FCC ,
Fines ,
Prior Conviction ,
Right to Privacy ,
Robocalling ,
TCPA ,
Telecommunications ,
Travel
Unsuccessful mortgage foreclosure actions have resulted in a new wave of "quiet title" lawsuits brought by borrowers attempting to have their notes and mortgages deemed void and unenforceable. However, the federal district...more
In This Issue:
- IN THE SPOTLIGHT
..Standard CGL Policy Form Adds Data Breach Coverage Exclusion
- LIFE INSURANCE
..Class Claims Against Lincoln National Barred in Section 419 Action – Again
...more
9/30/2014
/ Accredited Investors ,
Affordable Care Act ,
Burwell v Hobby Lobby ,
Class Action ,
Commercial General Liability Policies ,
Consumer Financial Protection Bureau (CFPB) ,
Creditors ,
Cyber Insurance ,
Data Brokers ,
Debt Collection ,
DMCA ,
Enforcement Actions ,
ESOP ,
Fair Credit Reporting Act (FCRA) ,
Fiduciary Duty ,
Foreclosure ,
Fraud-on-the-Market ,
Hallmark ,
Investment Adviser ,
Judge Rakoff ,
Life Insurance ,
NAIC ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Pharmaceutical Industry ,
Proxy Advisors ,
Putative Class Actions ,
Religious Freedom Restoration Act (RFRA) ,
Securities and Exchange Commission (SEC) ,
Settlement ,
Strategic Enforcement Plan ,
Taco Bell ,
TCPA ,
Text Messages ,
Variable Annuities ,
Whistleblowers
In This Issue:
- IN THE SPOTLIGHT
..Private Equity: The Next Wave of SEC Enforcement Actions?
- LIFE INSURANCE
..How to Fight a STOLI Scheme: Court Rulings Offer Clues
..STOA Schemes Face...more
The CFPB amendments to Regulation X, which implements the Real Estate Settlement Procedures Act (RESPA) that took effect January 10, impose onerous new requirements on servicers to correct errors and provide information that...more