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Troutman Pepper

Maryland Appellate Court Rules Plaintiffs Asserting CLEC Claims Must Allege Facts Showing Damages or Show Equitable Relief Is...

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On July 1, the Maryland Court of Special Appeals affirmed in part a trial court’s dismissal of claims brought under Maryland’s Credit Grantor Closed End Credit Provisions (CLEC) due to the plaintiff’s lack of damages....more

Ballard Spahr LLP

Second Circuit Denies Rehearing in Key TCPA Case

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Businesses that have not already done so should consult with counsel regarding "consent to be called" provisions in their consumer contracts in the wake of the decision by the U.S. Court of Appeals for the Second Circuit...more

Womble Bond Dickinson

Second Circuit: You Agreed to be Called When They Loaned You the Money, So Now Live With It

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In a case of first impression, the Second Circuit recently ruled that the TCPA does not permit a consumer to unilaterally revoke bargained-for consent to be contacted by autodialer and pre-recorded voice calls on a mobile...more

Carlton Fields

Fourth Circuit Considers Whether Arbitration Agreement Was Binding Where Parties Modified Contract Through Conduct

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In early April, the Fourth Circuit Court of Appeals considered whether an arbitration agreement was “a written provision” for purposes of the Federal Arbitration Act where the parties modified the contract through their...more

Burr & Forman

Dodd-Frank News: November 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

BakerHostetler

CA Supreme Court Upholds Class Action Waivers in Long-awaited Sanchez Decision

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On August 3, 2015, the California Supreme Court issued its long-awaited decision in Sanchez. v. Valencia Holding Company, LLC (2015) — Cal.4th — (Sanchez). The court provided much-needed clarity for consumers and auto finance...more

Sheppard Mullin Richter & Hampton LLP

Court Severs Term But Otherwise Enforces Arbitration Provision With A Class Action Waiver

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In a victory for Sheppard Mullin and its client, in Trabert v. Consumer Portfolio Serv., Inc., __ Cal. App. 4th. __, 2015 WL 880949 (4th Dist. Mar. 3, 2015), the California Court of Appeal compelled arbitration and enforced a...more

Carlton Fields

Arbitration Denied Despite Related Agreement With Arbitration Provision

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A Florida court of appeals affirmed a trial court decision to deny arbitration finding a later signed contract supplanted an earlier contract with an arbitration provision. The Appellant, HHH Motors, LLP, signed a retail...more

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