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Dismissals Credit Cards

Goodwin

Third Circuit Upholds Dismissal of TILA Claim Based on Failure to Itemize Annual Credit Card Renewal Notice Fees

Goodwin on

On Tuesday, April 11, 2023, a three-judge panel of the United States Court of Appeals for the Third Circuit affirmed the dismissal of a putative class action alleging that JP Morgan Chase Bank, N.A. (Chase) failed to itemize...more

Benesch

Reporting a Charged Off Debt As Past Due Is Not Inaccurate Under the FCRA

Benesch on

Failing to pay your credit card bills doesn’t pay. And it shouldn’t. But that doesn’t stop some debtors from at least trying to make a personal pay day out of it under the Fair Credit Reporting Act (“FCRA”), as evidenced by...more

Lowenstein Sandler LLP

Credit Card ABS: Capital One Affiliates Secure Dismissal of Putative Class Action Alleging Usury

Lowenstein Sandler LLP on

In the most recent development in Cohen v. Capital One Funding LLC, a case seeking to certify a class asserting that New York State’s usury laws can apply to securitized credit card debts, Capital One-affiliated defendants...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – April 2020

Welcome to Consumer Law Hinsights?a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. This edition highlights our interactive COVID-19...more

Hudson Cook, LLP

After Oral Argument, High Court Seems Poised to Preserve FDCPA Status Quo

Hudson Cook, LLP on

In Rotkiske v. Klemm, the Supreme Court has the opportunity to do what many plaintiffs’ attorneys have dreamed of for years:  effectively expand the FDCPA’s one-year statute of limitations by applying the “discovery rule” to...more

Carlton Fields

Fourth Circuit Holds Plaintiffs Who Allege Identity Theft Have Standing To Sue Post-Data Breach, But What Does It Mean For...

Carlton Fields on

The Fourth Circuit’s 2017 decision in Beck v. McDonald held that the mere fear of identity theft in the wake of a data breach was insufficient to confer Article III standing. ...more

Bradley Arant Boult Cummings LLP

The Economic Loss Doctrine as a Barrier to Data Breach Recovery

We recently commented on one hotly contested legal issue being addressed by the courts in data breach class action litigation, that of plaintiffs’ standing. Another issue that has been the subject of recent court activity in...more

Mintz - Privacy & Cybersecurity Viewpoints

Going Down For A Third Time – Barnes & Noble Consumer Data Breach Claims Are Dismissed Again for Lack of Injury

Despite some courts’ evident confusion about the impact of payment card theft on consumer cardholders, other courts are getting it right. Just this week, a judge in the Northern District of Illinois issued an order dismissing...more

Dorsey & Whitney LLP

Can Credit Card Debt Collectors Continue to Charge Interest and Late Charges After Charging-Off the Debt?

Dorsey & Whitney LLP on

A federal district court in Oklahoma recently dismissed a putative class action asserting that defendants’ credit card debt collection activities violated the Fair Debt Collection Practices Act (“FDCPA”). The case, Walkabout...more

Ballard Spahr LLP

Texas Federal Court Rejects Challenge to ‘No Credit Card Surcharge’ Law

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A federal district court in Texas has dismissed a lawsuit brought by several merchants challenging the constitutionality of a state law that prohibits merchants from imposing a surcharge on credit card purchases. In Rowell v....more

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