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Trends in Overdraft Fee and NSF Litigation

There has recently been an increase in class action lawsuits against banks and credit unions challenging the manner in which those institutions charge overdraft and non-sufficient funds fees. This alert provides an overview...more

TCPA Litigation in the Post-ACA World: How Federal Courts Are Shaping the Issues

In a long-awaited and highly publicized opinion in March of 2018, the Court of Appeals for the D.C. Circuit decided the case of ACA International v. FCC, which addressed the FCC's 2015 Declaratory Ruling and Order...more

SCOTUS Says Debt Purchasers Are Not Debt Collectors

Debt purchasers attempting to collect on those debts across multiple jurisdictions now have uniform law that they are not debt collectors subject to the FDCPA. On June 12, in a unanimous decision, the United States Supreme...more

The Evolving Landscape of the TCPA

On October 20, 2016, the United States Court of Appeals for the District of Columbia Circuit heard the much-anticipated oral arguments in ACA International, et al. v. Federal Communications Commission, No. 15-1211 (ACA...more

Federal District Court Rules Favorably for Medical Device Manufacturer in Off-Label Promotion Lawsuits

On April 13, 2015, in the case of Kathleen Hafer v. Medtronic, Inc., the United States District Court for the Western District of Tennessee issued a favorable opinion to a medical device manufacturer in the context of...more

Tennessee Court of Appeals Confirms Foreclosures Cannot Be the Basis for a TCPA Claim

On September 25, 2012, the Middle Section of the Tennessee Court of Appeals issued an opinion confirming that foreclosure proceedings cannot serve as the basis for a Tennessee Consumer Protection Act (TCPA) claim. ...more

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