There is nothing quite like the 11th hour.
On Monday, January 27, 2025, two new requirements for prior express written consent under the Telephone Consumer Protection Act (TCPA) were set to take effect. These requirements,...more
1/28/2025
/ Administrative Procedure Act ,
Appeals ,
Class Action ,
Consent ,
Disclosure Requirements ,
Enforcement Actions ,
FCC ,
Loper Bright Enterprises v Raimondo ,
Prior Express Consent ,
Regulatory Requirements ,
Rulemaking Process ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Telemarketing
On May 13, 2024, in Drazen v. GoDaddy.com, LLC, the United States Court of Appeals for the Eleventh Circuit issued a scathing, 123-page decision reversing a district court’s approval of a class-action settlement in...more
Last summer we wrote about the notable questions of the applicability of Arizona Proposition 209, or the Predatory Debt Collection Act (the Act), due to the Act’s savings clause. On April 30, 2024, in a blow to the debt...more
The Telephone Consumer Protection Act (TCPA) is an incredibly dangerous statute. Designed to crack down on rogue telemarketers, the TCPA has become—in the words of the former chairman of the Federal Communications Commission...more
Last month, a cardholder filed a class action lawsuit in California against a national bank alleging that the bank failed to inform the consumer that his automatic payment enrollment would be canceled after a period of credit...more
10/6/2023
/ Automatic Enrollment ,
Bank of America ,
Banks ,
California ,
Class Action ,
Consumer Financial Protection Bureau (CFPB) ,
Consumers Legal Remedies Act ,
Credit Cards ,
Credit Reports ,
False Advertising ,
Financial Institutions ,
Unfair Competition
As those living in the southwestern United States enter the dog days of summer, debt collectors are especially feeling the heat. As if complying with the myriad of state and federal regulations covering the debt collection...more
On February 16, 2023, the Illinois House introduced a bill titled the Small Business Truth in Lending Act. This proposed legislation, similar to statutes that have been enacted in other states, was written with the stated...more
A New York federal court has largely denied a state credit union’s motion to dismiss a class action lawsuit regarding non-sufficient funds (NSF) fees, overdraft fees, and out-of-network ATM fees. See Fairchild-Cathey v....more
In reemphasizing the “concrete harm” requirement for Article III standing, the Supreme Court may have raised the hurdle to federal court but exposed defendants to more state court suits...more
6/29/2021
/ Article III ,
Class Action ,
Class Members ,
Corporate Counsel ,
Credit Reporting Agencies ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
SCOTUS ,
Standing ,
TransUnion ,
TransUnion LLC v Ramirez
The Supreme Court handed down a unanimous decision on April 1 in Facebook Inc. v. Duguid, holding that, to constitute an “automatic telephone dialing system” under the Telephone Consumer Protection Act (TCPA), equipment must...more
As forewarned in our January 15, 2021 posting, Illinois Governor J.B. Pritzker has signed into law SB 1792, which takes effect immediately.
SB 1792, also known, as relevant here, as the Predatory Loan Prevention Act,...more
On January 13, 2021, the Illinois General Assembly passed the Predatory Loan Prevention Act, which imposes a 36% “all in” APR cap on all consumer loans, including closed-end and open-end installment loans, payday loans, and...more