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Consumer Financial Services Law Monitor Blog

Articles: 1-10 of 278

SCOTUS to Address Impact of FCC’s TCPA Rulings on Courts

USA - November 15 2018 The United States Supreme Court has granted certiorari to a Telephone Consumer Protection Act (TCPA) case that could fundamentally shape the…

Closely Watched Credit Card Surcharge Litigation Back in Second Circuit for Constitutional Review

USA - November 14 2018 Some merchants prefer their customers to pay for their purchases with cash so they can avoid transaction fees associated with credit card purchases…

Eleventh Circuit Holds Consumers Are Bound by Arbitration Provision Appearing on Product Wrapper

USA - November 14 2018 The Eleventh Circuit recently held that consumers were properly compelled to arbitration, and a putative class action was properly dismissed based on…

Wisconsin District Court Muddies Waters Surrounding Definition of an ATDS in Post-ACA International World

USA - November 12 2018 A district court in Wisconsin amplified the uncertainty facing TCPA litigants in the Seventh Circuit by holding that a predictive dialer constitutes…

District Court Holds Use of Human Intervention in Creation of Text Message Lists Sufficient to Defeat TCPA Claim

USA - November 9 2018 The District Court for the Middle District of Florida recently added to TCPA case law concerning the level of human intervention required to defeat…

The Documents Speak for Themselves - 7th Circuit Holds Oral Testimony is Insufficient to Defeat Documentary Evidence in FDCPA Case

USA - November 9 2018 The Seventh Circuit Court of Appeals has affirmed summary judgment in a recent Fair Debt Collection Practices Act case where the plaintiff alleged…

Change to Massachusetts Attorney General’s Website Raises Uncertainty Regarding Body Responsible for Regulating Third-Party Debt Collectors

USA - November 8 2018 Earlier this week, InsideArm identified a subtle change to the Massachusetts Attorney General’s website that may reflect an unannounced change in the…

FTC Proposes Rule Requiring Consumer Reporting Agencies to Provide Credit Monitoring for Active Duty Members of the Military

USA - November 8 2018 The Federal Trade Commission proposed a rule requiring consumer reporting agencies to provide free credit monitoring service to active duty military…

States of Complaint - CFPB Releases Complaint Snapshot: 50 State Report

USA - November 7 2018 In October, the Consumer Financial Protection Bureau released its Complaint Snapshot, which supplements the Consumer Response Annual Report and…

District Court Rules Debtor’s Court Filings Disputing Debt May Put Debt Collector on Notice for Potential Class Action Violation of FDCPA

USA - November 6 2018 On October 23, the U.S. District Court for the Eastern District of Washington denied a defendant debt collector’s motion to dismiss a class action…