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Eleventh Circuit Issues Must-Read FCRA Decision
As discussed in this article, a March 25 Eleventh Circuit ruling is a strong pro-consumer decision on five different fronts. A furnisher’s “data conformity review” is an FCRA violation as a matter of law. The holding also addresses the FCRA “willfulness” standard, and punitive and emotional distress damages under the FCRA. The ruling is even relevant to the bona fide error defense under the FDCPA.
Class Arbitration After Supreme Court’s April 24 Lamps Plus Decision
The Supreme Court has just made it harder, but not impossible, for consumers to proceed in arbitration on a class basis. An ambiguous provision is insufficient to authorize class arbitration, but this article explains how language commonly found in arbitration agreements might still be found to authorize class arbitration.
Supreme Court May 13 Ruling Underscores Advantages of False Claims Act Litigation
A recent Supreme Court decision in Cochise Consultancy is favorable for private litigation under the federal False Claims Act (FCA). This article explains how the decision also underscores that FCA litigation has a number of advantages to challenge consumer abuses compared with class actions under traditional consumer causes of action.
Viable FDCPA Claims Arising from Foreclosures After March 20 Supreme Court Decision
The Supreme Court’s March 20 Obduskey decision limits FDCPA liability for conduct in non-judicial foreclosures. This article summarizes the Obduskey holding and then discusses which FDCPA claims arising from foreclosures are viable post-Obduskey.
Increase of Federal Bankruptcy Exemptions, Other Dollar Amounts: April 1, 2019
Effective April 1, consumers filing bankruptcy will be able to exempt more of their equity in their homes, cars, household goods, and even retirement accounts. This article describes all the bankruptcy dollar amount changes going into effect April 1.
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