Balch & Bingham LLP

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1901 Sixth Avenue North
Suite 1500
Birmingham, AL 35203-4642, United States
Phone: (205) 251-8100
Fax: (205) 226-8799
Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Class Action
  • Construction Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Real Estate
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Alabama
  • D.C.
  • Florida
  • Georgia
  • Mississippi
Number of Attorneys
100+ Attorneys

Furnishers and CRAs Can Likely Expect Fewer and More Limited CFPB Investigations In Light Of Recent Guidance From Director Mick Mulvaney, But For How Long?

In 2010, Congress enacted the Dodd-Frank Act, which created the largely independent Consumer Financial Protection Bureau (“CFPB”) and empowered it with broad authority to investigate violations of consumer financial protection…more
 /  Civil Procedure, Consumer Protection, Finance & Banking

Applying Reyes: Contractually Controlling Revocation of Consent Under the TCPA

Last week the District of Ohio, in Barton v. Credit One Financial, held that a consumer could not orally and unilaterally revoke consent under the Telephone Consumer Protection Act (TCPA) to be called once given contractually…more
 /  Civil Procedure, Communications & Media Law, Consumer Protection, Finance & Banking

States’ Copycat TCPA Statutes: Double Dipped Damages and Attorneys’ Fees

In Boger v. Trinity Heating & Air, Inc., a court in the District of Maryland permitted Boger to bring simultaneous claims under the Maryland Telephone Consumer Protection Act (MTCPA) and the federal Telephone Consumer Protection…more
 /  Civil Procedure, Communications & Media Law, Consumer Protection

Eighth Circuit Says Misleading Statements Must Be Material for FDCPA Liability

In Hill v. Accounts Receivables Servs., LLC, the Eighth Circuit recently considered whether the materiality of a misleading statement should factor into finding liability under Section 1692e of the Fair Debt Collection…more
 /  Civil Procedure, Consumer Protection, Finance & Banking

Uniform Voidable Transactions Act Comes to Alabama

Alabama has joined approximately 17 other states in adopting the Uniform Voidable Transactions Act (the “VTA”) to replace the Uniform Fraudulent Transfer Act (the “FTA”). The VTA will govern transactions occurring on or after…more
 /  Finance & Banking

Texas Bankruptcy Judge Holds that Not Every Loan Related to Education is a Nondischargeable Student Loan in Purported Class Action

Bankruptcy Code Section 523(a)(8) generally prohibits a discharge of student loan debt, unless the student debtor can prove that paying it back would be an undue hardship—often a high bar. That does not stop student debtors from…more
 /  Bankruptcy, Finance & Banking

Opportunity Zones in Alabama (and 19 Other States) Certified by Treasury Department - What Happens Next?

On April 18, the Treasury Department certified the list of 158 Opportunity Zones submitted by Governor Kay Ivey on March 21, 2018. This certification marks the last step in the Opportunity Zone selection process and means that…more
 /  Elections & Politics, Real Estate - Residential, Taxation

No Bill of Sale, No Problem: Compelling Arbitration of FDCPA Claims

Last week, in Fuller v. Frontline Asset Strategies, Inc., the Northern District of Illinois compelled arbitration of Fair Debt Collection Practices Act (FDCPA) claims against LVNV Funding, LLC (LVNV), Resurgent Capital Services,…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Finance & Banking

Federal Regulatory Agencies Issue Joint Guidance to Financial Institutions on Cyber Insurance

The Federal Financial Institutions Examination Council (FFIEC) has issued a joint statement providing guidance for financial institutions about the role of cyber insurance in risk management of informational technology systems…more
 /  Finance & Banking, Privacy, Science, Computers, & Technology

Continuing a Trend, Mississippi Supreme Court Refuses to Enforce Broadly Worded Arbitration Clause

Dollar General reported its employee Rebecca Keyes to the police for embezzlement, causing her to be arrested. Keyes later sued Dollar General under a number of legal theories, including malicious prosecution, false…more
 /  Alternative Dispute Resolution (ADR), Labor & Employment Law

FCRA Climbing the Ladder for Top Consumer Litigation Statute

According to a report from leading litigation-monitoring service WebRecon, Fair Credit Reporting Act (FCRA) filings have begun to outnumber Telephone Consumer Protection Act (TCPA) filings across the country in recent months…more
 /  Civil Procedure, Communications & Media Law, Consumer Protection

Alabama Adopts the Uniform Voidable Transactions Act

In the 2018 session, the Alabama Legislature adopted its version of the Uniform Voidable Transactions Act (the “VTA”) promulgated by the National Conference of Commissioners on Uniform State Laws (the “Commission”). Alabama…more
 /  Finance & Banking

Facebook Facing Fallout Over Alleged Privacy Breaches

Over a dozen lawsuits have been filed by users and investors against Facebook after it was revealed last month that Cambridge Analytica, a political research firm, obtained personal information on millions of Facebook users…more
 /  Communications & Media Law, Privacy, Science, Computers, & Technology

Sixth Circuit Shuts Down FDCPA Claim under Spokeo

In Hagy v. Demers & Adams, the Sixth Circuit looked to Spokeo, Inc. v. Robbins to hold that not all inaccuracies cause real harm sufficient to confer standing to bring suit under the Fair Debt Collections Practices Act…more
 /  Civil Procedure, Consumer Protection, Finance & Banking

The Truth Brings Relief Under FCRA

In Ratliff v. A&R Logistics, Inc., the plaintiff claimed A&R denied him a job based on a background check without the appropriate adverse action process. Under the Fair Credit Reporting Act (FCRA), notice pre- and post-adverse…more
 /  Civil Procedure, Constitutional Law, Labor & Employment Law
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