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Seventh Circuit Rejects FCRA Plaintiff’s Collateral Attack of Underlying Debt

USA - February 11 2019 The Seventh Circuit recently affirmed judgment in favor of the national consumer reporting agencies (“CRAs”), rejecting a plaintiff’s attempt to...

David N. Anthony, Patrick Dillard.


First Amendment Raised as a Defense to Claims Under the Telephone Consumer Protection Act

USA - January 31 2019 On January 17, in Kibbee v. Smith-Palluck Associates Corp., No. 2:18-cv-01848, a putative class action pending in the United States District Court for...

Mark D. Kundmueller.


Unanimous Supreme Court Cements Strength of Arbitration Agreements By Rejecting A “Wholly Groundless” Loophole For Avoiding Arbitration

USA - January 9 2019 It is commonplace today for businesses to include binding arbitration provisions in customer agreements. It is also common for these arbitration...

David N. Anthony, Alan D. Wingfield, David M. Gettings, John C. Lynch, Ronald I. Raether Jr., Scott Kelly.


District Courts in Third Circuit Split as to Whether Predictive Dialer Qualifies as ATDS Under TCPA

USA - December 31 2018 The decision in ACA Int’l v. FCC, 885 F.3d 687, 701 (D.C. Cir. 2018), invalidated the Federal Communications Commission’s 2015 Declaratory Ruling with...

Mark D. Kundmueller.


Eastern District of Pennsylvania Dismisses FCRA Claims for Lack of Standing

USA - December 17 2018 A Pennsylvania district court recently dismissed a complaint due to the plaintiff’s lack of standing to assert violations of the Fair Credit Reporting...

David N. Anthony, Sarah Warren Smith, D. Kyle Deak.