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Consumer Financial Services Law Monitor Blog

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Colorado Federal Court Declines to Dismiss TCPA Claim: Finds ATDS Plausibly Alleged Based on Reasoning in Facebook’s Footnote 7

USA - August 9 2023 More than two years after the Supreme Court’s opinion in Facebook v. Duguid, courts and litigants continue to wrestle with the statutory definition…

Credit Union Trade Associations Urge CFPB to Stay Implementation of its Section 1071 Final Rule

USA - August 9 2023 On August 7, the National Association of Federally-Insured Credit Unions (NAFCU) and the Credit Union National Association (CUNA) sent a joint letter…

California Federal Court Denied Class Certification in TCPA Case Where Plaintiff Arguably Requested Calls

USA - August 9 2023 In Wiley v. American Financial Network, Inc., a district court judge in the Central District of California denied a motion for class certification in…

Trade Associations for Community Banks and Texas First Bank Move to Intervene in Case Challenging CFPB’s Enforcement of its Section 1071 Rule

USA - August 8 2023 As discussed here, on April 26, the Texas Bankers Association (TBA), the American Bankers Association (ABA), and Rio Bank, McAllen, Texas (Rio Bank)…

New York Federal Court Stays CFPB’s Lawsuit Against Indirect Auto Finance Company Pending U.S. Supreme Court Decision in CFPB Funding Case

USA - August 8 2023 As discussed here, on January 4, the Consumer Financial Protection Bureau (CFPB) and the New York Attorney General (NY AG) filed a joint complaint in…

Troutman Pepper Weekly Consumer Financial Services Newsletter

USA - August 7 2023 To help you keep abreast of relevant activities, below find a breakdown of some of the biggest events at the federal and state levels to impact the…

Kentucky Federal Court Holds Furnishing Data to Consumer Reporting Agency Does Not Subject Furnisher to Personal Jurisdiction in Consumer’s Home State

USA - August 7 2023 A United States District Court in Kentucky recently granted defendants’ motion to dismiss a case arising under the Fair Credit Reporting Act (FCRA)…

Tenth Circuit Affirms Summary Judgment in Favor of Defendant in FDCPA Case on the Basis of Claim Preclusion

USA - August 3 2023 On August 1, the U.S. Court of Appeals for the Tenth Circuit upheld a trial court’s order granting summary judgment in favor of a debt buyer holding…

Case Update: Tenth Circuit Denies Petitions for Rehearing in Decision Requiring Substantial Changes to Health Plan Denial Letters

USA - August 3 2023 As discussed here and here, D.K. Et al. V. United Behavioral Health et al. Is a case that has been carefully watched in the health benefits space for…

Federal Reserve’s July Senior Loan Officer Opinion Survey Shows Tightened Auto Loan Standards and Weakened Demand Amid Uncertain Economic Outlook

USA - August 2 2023 On July 31, the Board of Governors of the Federal Reserve System (Federal Reserve) issued its July Senior Loan Officer Opinion Survey on Bank Lending…