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Maurice Wutscher LLP | USA | 27 Oct 2020

9th Cir. Holds Single Website Visit Not Enough To Activate Change in Terms

The U.S. Court of Appeals for the Ninth Circuit recently affirmed a trial court’s order compelling arbitration, holding that a single website visit…
Article

Maurice Wutscher LLP | USA | 26 Oct 2020

Consumer Data Rulemaking Underway at CFPB: Here Are Four Things Your Company Should Know Plus a Webinar

The Consumer Financial Protection Bureau released its Advance Notice of Proposed Rulemaking (ANPR) on Oct. 22, seeking comment on 46 questions in…
Article

Maurice Wutscher LLP | USA | 26 Oct 2020

7th Cir. Rejects FDCPA Claims That Collection Letters Falsely Implied Future Interest and Late Fees

The U.S. Court of Appeals for the Seventh Circuit recently held that factually accurate collection letters that did not make explicit or implicit…
Article

Maurice Wutscher LLP | USA | 21 Oct 2020

11th Cir. Holds Debtor Cannot Use State Law to Revive Time-Barred FDCPA Claim

The U.S. Court of Appeals for the Eleventh Circuit, in an unpublished opinion, affirmed a trial court order dismissing a consumer’s lawsuit holding…
Article

Maurice Wutscher LLP | USA | 19 Oct 2020

4th Cir. Reverses Dismissal of Servicer’s RESPA Tax Escrow Disbursement Claim

The U.S. Court of Appeals for the Fourth Circuit recently reversed the dismissal of a borrower’s claims that the servicer of his mortgage loan…
Article

Maurice Wutscher LLP | USA | 14 Oct 2020

California Attorney General Proposes Additional Modifications to CCPA Regulations

The California Office of the Attorney General issued a Notice of Third Set of Proposed Modifications to its regulations relating to the California…
Article

Maurice Wutscher LLP | USA | 12 Oct 2020

Illinois App. Court (1st Dist) Rejects Borrower’s Foreclosure Challenge After Title Vested in Third Party

The Court of Appeals of Illinois, First District, recently held that a homeowner’s attempt to vacate a foreclosure sale was barred by the Illinois…
Article

Maurice Wutscher LLP | USA | 9 Oct 2020

California Enacts ‘Debt Collection Licensing Act’

On Sept. 25, 2020, California Gov. Gavin Newsom approved Senate Bill 908 which creates the “Debt Collection Licensing Act.” The licensing provisions…
Article

Maurice Wutscher LLP | USA | 9 Oct 2020

California Enacts HIPAA-Conforming Amendments to CCPA; Extends B2B and Employment Exemptions

Assembly Bill 713 was approved by California Gov. Gavin Newsom on Sept. 25, 2020, at which time its provisions went into effect. The legislation…
Article

Maurice Wutscher LLP | USA | 6 Oct 2020

11th Cir. Holds Class Representative ‘Incentive Awards’ Prohibited by SCOTUS Precedent

The U.S. Court of Appeals for the Eleventh Circuit recently reversed and partially vacated approval of a class representative’s incentive award…
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