Richard Benenson

Brownstein Hyatt Farber Schreck

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Second Circuit Holds That the TCPA Does Not Allow a Consumer to Unilaterally Revoke Consent to Be Called That Is Part of an...

In Reyes v. Lincoln Automotive Financial Services, the Second Circuit was asked to address whether the Telephone Consumer Protection Act (“TCPA”) “permits a consumer to unilaterally revoke his or her consent to be contacted...more

9/7/2017 / Auto-Dialed Calls , Consent , Consumer Financial Contracts , Debt Collectors , FCC , Prior Express Consent , Revocation , Rulemaking Process , Split of Authority , TCPA

CFPB Moves to Eliminate Class Action Waivers in Arbitration Clauses, but Congress Looks to Keep the Rule Off the Books

On July 10, 2017, the Consumer Financial Protection Bureau (CFPB) unveiled a long-awaited and highly contentious final rule to severely curtail the scope of arbitration clauses in consumer financial contracts. While the rule...more

7/13/2017 / Arbitration , Class Action , Class Action Arbitration Waivers , Congressional Review Act , Consumer Financial Contracts , Consumer Financial Protection Bureau (CFPB) , Dodd-Frank , Final Rules , Financial Services Industry

California Deals Another Blow to Arbitration Agreements, But It Is Far From A Knockout Punch

California continues to modify the Concepcion landscape. On April 6, 2017, the California Supreme Court once again issued a pro-consumer ruling that is already being applauded by the plaintiffs’ bar. The ruling came out in...more

4/21/2017 / Arbitration , Arbitration Agreements , AT&T Mobility v Concepcion , Citibank , Consumer Financial Contracts , Injunctive Relief , Unfair Competition Law (UCL)

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