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Consumer Protection Constitutional Law

Read Consumer Protection updates, news, and legal commentary from leading lawyers and law firms:

Seventh Circuit Encourages Gamesmanship In Debt Disputes

by Locke Lord LLP on

The United States District Court for the Northern District of Illinois has recently issued several decisions unfavorable to debt collectors, including McMahon v. LVNV Funding, LLC, 12 C 1410, 2018 WL 1316736 (N.D. Ill. Mar....more

5th Circuit Grants Petition to Appeal the Constitutionality of the CFPB

by Weiner Brodsky Kider PC on

The U.S. Court of Appeals for the Fifth Circuit recently granted a petition for permission to appeal a district court order upholding the constitutionality of the CFPB.  The question certified for appeal:  Does the structure...more

No U.S. Supreme Court review sought in PHH

by Ballard Spahr LLP on

Neither PHH Corporation nor the CFPB has filed a petition for certiorari asking the U.S. Supreme Court to review the D.C. Circuit’s en banc PHH decision.  The filing deadline was May 1....more

Federal court dismisses second lawsuit challenging OCC fintech company special purpose national bank charter proposal

by Ballard Spahr LLP on

A D.C. federal district court has dismissed the lawsuit filed by the Conference of State Bank Supervisors (CSBS) in April 2017 challenging the OCC’s authority to grant special purpose national bank (SPNB) charters to...more

Fifth Circuit agrees to hear challenge to CFPB’s constitutionality

by Ballard Spahr LLP on

The U.S. Court of Appeals for the Fifth Circuit has agreed to hear an interlocutory appeal challenging the CFPB’s constitutionality requested by the defendants in a lawsuit filed by the CFPB in 2016 that alleges the...more

The Seventh Circuit Weighs In On Standing

by Murtha Cullina on

Yesterday the United States Court of Appeals for the Seventh Circuit weighed in on the consumer class action standing issue. The court found that Barnes & Noble customers have standing to pursue a class action concerning the...more

Senate Banking Committee Probes Mulvaney’s Leadership at the CFPB

by Ballard Spahr LLP on

On April 12, 2018, Mick Mulvaney, the Acting Director of the Consumer Financial Protection Bureau (Bureau) testified before the Senate Committee on Banking, Housing, and Urban Affairs regarding the Bureau’s Semi-Annual Report...more

Podcast - Developments in FDA & DOJ Regulation and Enforcement of Manufacturer Communications

by Ropes & Gray LLP on

The rules regarding truthful, non-misleading communications by medical product manufacturers have long been unclear. In recent years, there have been significant developments in the case law, as well as in FDA guidance and...more

Court Rejects Insurer’s Spokeo-Based Standing Challenge to TCPA Action

by Carlton Fields on

In a February 20 ruling, the Northern District of Illinois cleared the way for a plumbing company’s putative class action against Allstate Insurance Company and an insurance agency co-defendant by denying the defendants’...more

Technical FACTA Violation Insufficient To Confer Standing

by Cozen O'Connor on

A federal court in Texas cut short a putative class action alleging violation of the truncation requirement under the Fair and Accurate Credit Transactions Act (FACTA), sending a clear message to plaintiffs that minor...more

S.D. Fla. Dismisses Supplements Case for Lack of Standing

by Reed Smith on

We recently read an editorial in The New York Times advocating lawsuits as a means of regulating an industry. Politicians are gripped by paralysis – so the argument goes – thus we must entrust the issue to litigators, smart...more

Privacy & Cybersecurity Update - March 2018

In this month's edition of our Privacy & Cybersecurity Update, we discuss all 50 states now having data breach notification laws, state attorneys general and their opposition to a federal data breach notification law, the FBI...more

Zappos Must Face Data Breach Lawsuit, Ninth Circuit Rules

A class action seeking damages for a 2012 data breach at Zappos.com that impacted 24 million customers will move forward after the U.S. Court of Appeals for the Ninth Circuit reversed a dismissal of certain plaintiffs for...more

No Injury? No Problem: Mere Risk of Identity Theft Can Establish Standing

Standing requirements have forced many a data breach action to stand down. Can a plaintiff have a claim (and on behalf of a massive class) when plaintiff hasn’t suffered any harm? For those polling the Circuits, the Ninth...more

D.C. Circuit Sets Aside Certain TCPA Interpretive Rulings from FCC’s July 10, 2015 Declaratory Ruling & Order

by Weiner Brodsky Kider PC on

The U.S. Court of Appeals for the D.C. Circuit recently set aside certain interpretations in the FCC’s July 10, 2015, Declaratory Ruling & Order: (i) the types of equipment qualifying as an automatic telephone dialing system...more

FACTA Cases Continue to Present Ideal Targets for Spokeo Challenges-Eleventh Circuit Defendants Take Particular Notice

We’ve already written about Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), in which the Supreme Court reaffirmed that all federal plaintiffs, even those alleging a statutory violation, must have suffered a real, concrete...more

Debt Collectors Lose Another Northern District of Illinois FDCPA Class Action

by Locke Lord LLP on

On March 14, 2018, Judge Jorge Alonso of the United States District Court for the Northern District of Illinois issued a lengthy opinion in McMahon v. LVNV Funding, LLC, 12 C 1410, 2018 WL 1316736, granting summary judgment...more

9th Circuit Affirms Dismissal of FCRA Putative Class Action for Lack of Standing

by Weiner Brodsky Kider PC on

The Ninth Circuit has ruled that a plaintiff failed to allege a concrete injury-in-fact sufficient for Article III standing in a suit alleging a violation of the Fair Credit Report Act (FCRA). The panel affirmed the district...more

Branch v. GEICO: The Convergence Of Class Certification And Article III Standing

by Seyfarth Shaw LLP on

On January 10, 2018, the U.S. District Court for the Eastern District of Virginia denied Plaintiff Tiffanie Branch’s renewed motion for class certification in Branch v. Government Employees Insurance Company, No....more

Sixth Circuit Holds Consumer Has No Standing to Bring FDCPA Claim

The Sixth Circuit recently made clear its position that “Congress cannot override the baseline requirement[s] of Article III of the U.S. Constitution by labeling the violation of any requirements of a statute a cognizable...more

Appellate Court Joins Growing Chorus Finding That Procedural FACTA Violations on Their Own Are Insufficient for Standing

by Fenwick & West LLP on

In keeping with its recent decision in Bassett v. ABM Parking Services, the U.S. Court of Appeals for the Ninth Circuit held in Noble v. Nevada Checker Cab (March 9, 2018) that alleged procedural violations of the Fair and...more

6th Circuit Says No Standing for FDCPA Claim under Spokeo

by Weiner Brodsky Kider PC on

The Sixth Circuit Court of Appeals recently held that two plaintiffs did not have standing to pursue their FDCPA claim for failure to make a required disclosure where the non-disclosure did not hurt the plaintiffs. The Sixth...more

Social Links: Inline link to tweet with photo could constitute copyright infringement; proposed California legislation could...

In a decision that has generated considerable controversy, a federal court in New York has held that the popular practice of embedding tweets into websites and blogs can result in copyright infringement. Plaintiff Justin...more

RESPA and UDAAP Enforcement Following The PHH Decision: What To Expect

by Foley & Lardner LLP on

As anyone who is associated with the residential real estate settlement services industry can appreciate, resolution of the PHH case by the full bench of the D.C. Circuit Court of Appeals has brought much-needed clarity and...more

Speaking on Spokeo: Ninth Circuit Dismisses FACTA Lawsuit

by Latham & Watkins LLP on

The Ninth Circuit follows the Second and Seventh Circuits in dismissing consumer class actions in which named plaintiff alleges no injury other than statutory damages. Key Points: ..In Bassett v. ABM Parking Services,...more

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