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Ninth Circuit Relies on Spokeo to Affirm Dismissal of FACTA Suit

USA - February 23 2018 On February 21, the Ninth Circuit affirmed a district court’s dismissal of an action brought under the Fair and Accurate Credit Transactions Act...

Brooke K. Conkle.

District Judge Invalidates FACTA Settlement Based on Spokeo

USA - February 15 2018 A district judge in the Southern District of Florida recently dismissed a FACTA class action on Spokeo grounds even though he had previously approved...

Brooke K. Conkle.

GAO Sounds Death Knell for the CFPB’s Key Statement of its “Disparate Impact” Theories in Indirect Auto Finance

USA - December 6 2017 On Tuesday, December 5, 2017, the Government Accountability Office ("GAO") levelled a heavy blow on a major regulatory initiative of the Consumer...

Alan D. Wingfield, Brooke K. Conkle.

District Court Relies on Spokeo to Dismiss FACTA Suit

USA - November 9 2017 On November 6, a judge in the Southern District of New York dismissed a proposed class action alleging that Wolfgang’s Steakhouse impermissibly...

Brooke K. Conkle.

Congress Kills CFPB’s Arbitration Ban for Financial Services Companies, Returning Focus to State v. Federal Court Wars

USA - October 26 2017 On Tuesday, October 24, 2017, the Senate voted to nullify the Consumer Financial Protection Bureau’s (“CFPB”) arbitration rule (the “Rule”) in a 51-50...

Alan D. Wingfield, Timothy "Tim" J. St. George, Brooke K. Conkle, David M. Gettings, John C. Lynch, Ronald I. Raether Jr., Mary C. Zinsner.