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Arbitration Agreements Fair Debt Collection Practices Act

McGlinchey Stafford

Litigation Byte (November Edition)

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A recent opinion from a federal court in North Carolina emphasizes how difficult it is to succeed on a motion to dismiss a lawsuit arising under the FCRA. Rejecting a challenge to a plaintiff’s standing and the timeliness of...more

McGlinchey Stafford

Litigation Byte (October Edition)

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Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business. 4th Circuit Holds Rental Applicant Lacks Standing...more

Snell & Wilmer

The Eleventh Circuit Finds Delegation Provisions Enforceable in Agreement to Arbitrate Implicating Tribal Law

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On October 3, 2024, the Eleventh Circuit issued an opinion finding that arbitration agreements consumers entered into with a Tribal entity contained enforceable delegation provisions, meaning that an arbitrator, rather than a...more

McGlinchey Stafford

Litigation Byte (September Edition)

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Court Finds Mass Arbitration Bellwether and Delegation Provisions Unconscionable - The district court for the Northern District of California recently denied a defendant’s motion to compel arbitration and, in so ruling,...more

McGlinchey Stafford

Litigation Byte (June Edition)

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The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more

Alston & Bird

Class Action & MDL Roundup 2023 Q3 - Catching the Class Action Waive(r)

Alston & Bird on

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the third quarter of 2023. In this edition, a mistake is just a mistake, “99.99%” isn’t 100% clear, and faxes aren’t always...more

Burr & Forman

Now Say That Five Times Fast! Eleventh Circuit Upholds Arbitration Clause Delegating Adjudication of Threshold Questions of...

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On May 26, 2022, the Eleventh Circuit issued an opinion reversing the Southern District of Florida’s denial of the appellant’s motion to compel arbitration, therein finding that the district court erred in failing to apply...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 27, 2020

Carlton Fields on

Financial Services Update - TCPA / Existence of Arbitration Agreement / Browsewrap Agreement: Consumer was not bound to arbitration provision and class action waiver in browsewrap agreement where there was no evidence of...more

Carlton Fields

Eleventh Circuit Partially Reverses District Court Decision Denying Motion to Compel Arbitration Upon Application of Mailbox Rule

Carlton Fields on

In Mason v. Midland Funding, plaintiffs Mason and Burnett brought an action against a debt collector and its subsidiaries claiming that they violated the Fair Debt Collection Practices Act by allegedly filing lawsuits to...more

Carlton Fields

Financial Services Update - April Part 1

Carlton Fields on

Financial Services Update - • TCPA: plaintiff's putative TCPA class action arose from post-agreement conduct that did not fall within scope of contract's arbitration agreement - Getz v. DirecTV, LLC, 359 F. Supp. 3d 1222...more

BakerHostetler

Financial Services 2017 Year-End Report

BakerHostetler on

Welcome to the 2017 Year-End Report from our financial services industry team. We are pleased to share our analysis of some of the key developments in the financial services industry in 2017 and our expectations for 2018. ...more

Carlton Fields

Sixth Circuit Finds District Court Erred In Ruling On Arbitration Waiver Issue Where Issues As To Arbitrability Were Reserved For...

Carlton Fields on

The Plaintiff, Hilton, a computer purchaser, entered into a repayment agreement with Dell Financial Services, LLC, which later sold the debt to Midland Funding, to purchase a Dell computer on credit. The underlying issue in...more

Dorsey & Whitney LLP

District Court Stays Class Action in Favor of Arbitration

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In Zambrana v. Pressler & Pessler LLP, the Southern District Court of New York stayed a putative class action against various creditors for alleged violations of the Fair Debt Collection Practices Act (FDCPA), referring the...more

Balch & Bingham LLP

Eleventh Circuit: No Arbitration Because Bank Failed to Prove Existence of Arbitration Agreement

Balch & Bingham LLP on

Last week, the Eleventh Circuit refused to compel arbitration because the defendant financial institution failed to prove that its online deposit agreement actually included an arbitration clause. This decision reflects the...more

Ballard Spahr LLP

Court: Debtor Cannot Use FDCPA as Enforcement Mechanism for Arbitration Provision

Ballard Spahr LLP on

A debt collector did not violate the Fair Debt Collection Practices Act (FDCPA) when it filed a summary judgment motion in a collection action after the debtor had sought enforcement of a credit card agreement’s arbitration...more

Burr & Forman

Dodd-Frank News: April 2015: Dodd-Frank Wall Street Reform and Consumer Protection Act Update

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The Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted as a measure to promote financial stability and protection for consumers through increased regulation of nearly every aspect of the consumer finance...more

Burr & Forman

Dodd-Frank News: May 2014: Dodd-Frank Wall Street Reform and Consumer Protection Act Update

Burr & Forman on

In This Issue: - RECENT CASES ..Preemption ..CFPB Involvement in Litigation ..CFTC Regulation of Retail Commodity Transactions ..Durbin Amendment ..Appraiser Disclosure Requirements Under...more

Burr & Forman

Dodd-Frank News - March 2013: Dodd-Frank Wall Street Reform And Consumer Protection Act Monthly Update

Burr & Forman on

In This Issue: - Recent Cases ..CFTC Jurisdiction Under the Commodity Exchange Act ..Dodd-Frank Amendment to the TILA ..Preemption ..Say-On-Pay Voting ..Pre-Dispute Arbitration Agreements ...more

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