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Ninth Circuit Affirms That Class Action Settlement Was Not a "Coupon Settlement"

The U.S. Court of Appeals for the Ninth Circuit in McKnight v. Hinojosa, No. 21-16623, 2022 WL 17333820 (9th Cir. Nov. 30, 2022) considered whether the proposed class action settlement was a "coupon settlement" and therefore...more

Third Circuit Affirms Application of "Reasonable Reader" Test Under FCRA

The U.S. Court of Appeals for the Third Circuit recently rendered a decision on a common issue in cases against consumer reporting agencies (and furnishers) under the Fair Credit Reporting Act, 15 U.S.C. Section 1681 et seq....more

Western District of Washington Ruling Breathes Life into TCPA Safe Harbor Provision

In a decision highlighting the importance of maintaining procedures for complying with the do-not-call (DNC) provisions of the Telephone Consumer Protection Act (TCPA), the U.S. District Court for the Western District of...more

Second Circuit Rules Faxed Invitation Is Not 'Unsolicited Advertisement' Under TCPA

Less than a year ago, the U.S. Supreme Court in Facebook v. Duguid, 141 S. Ct. 1163 (2021), dealt a significant blow to the Telephone Consumer Protection Act (TCPA) plaintiff's bar, when it adopted a narrow interpretation of...more

FTC Approves 5 FCRA Rule Changes

The Federal Trade Commission (FTC) issued a final rulemaking on Sept. 8, 2021, clarifying that five Fair Credit Reporting Act (FCRA) rules for which it retains rulemaking authority will apply only to motor vehicle dealers....more

CFPB Proposes Settlement with Debt Collector for Failing to Investigate Identity Theft Reports

With the ongoing COVID-19 pandemic, credit card companies may face increased scrutiny, as Consumer Financial Protection Bureau (CFPB) Acting Director Dave Uejio recently stated that "credit reports play a huge role in...more

Florida's New Mini-TCPA: What You Need to Know

Florida's Senate Bill 1120 became effective on July 1, 2021, and has striking similarities to the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. ยง 227., et. seq. The statute, referred to as Florida's "Mini-TCPA,"...more

Supreme Court Extends Spokeo's Article III Standing Requirements

In TransUnion LLC v. Ramirez, the U.S. Supreme Court upended a class damages award of $40 million under the Fair Credit Reporting Act (FCRA) against TransUnion, one of the "Big Three" credit reporting agencies. The 5-4...more

District Court's Decision in TCPA Case Follows Supreme Court's Duguid Opinion

The U.S. District Court for the District of South Carolina, in the matter of Margueritte Timms v. USAA Federal Savings Bank, 2021 WL 2354931 on June 9, 2021, granted defendant USAA Federal Savings Bank's (USAA) Motion for...more

California Dreamin': The Golden State Launches New Mini-CFPB

Amid wildfires and viral plague, a new consumer protection agency rises in the West: The California Department of Financial Protection and Innovation (DFPI). Holland & Knight recently noted that a bill was pending on...more

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