Search
Student Loan Servicers Now Subject to Borrowers’ State Law Claims
Sup. Ct.: Bankruptcy Stay Relief Determination Is a Final, Appealable Order
Supreme Court Affirms Class Certification Based on Representative and Statistical Evidence
Supreme Court Applies TCPA to Text Messages, Affirms FCC’s Vicarious Liability Principles
On Tuesday, January 20, 2016, in Campbell-Ewald Co. v. Gomez, ___ U.S. ___, 2016 WL 228345 (Jan. 20, 2016), the Supreme Court held that an unaccepted Rule 68 offer did not moot a TCPA class action. (A separate article will discuss the Rule 68 holding.) The decision includes several important TCPA holdings as well. Chapter 6 of NCLC’s Federal Deception Law (2d ed.
Supreme Court Clarifies FDCPA Statute of Limitations
Supreme Court Enters Fray of Nursing Home Arbitration Wars
Supreme Court Issues Important Decision Supporting Class Actions
Supreme Court May 13 Ruling Underscores Advantages of False Claims Act Litigation
Supreme Court Rejects Lien Strip Off in Chapter 7 Cases
The Supreme Court on June 1 has just held in Bank of America, N. A. v. Caulkett that a wholly underwater mortgage cannot be stripped off and voided using Bankruptcy Code § 506(d) in a chapter 7 bankruptcy case.
Supreme Court Rules on Robocallers
Supreme Court Rules Yet Again in Favor of Mandatory Arbitration—Why This Time the Impact Is Limited
On December 14, the Supreme Court issued its decision in DirecTV, Inc. v. Imburgia, reversing a California Court of Appeals decision from last year. The case involved a clause in DirecTV’s consumer arbitration agreement that expressly prohibited class actions in arbitration but also provided that, “[i]f . . .
Supreme Court: Special Counsel’s Authorized Use of Attorney General Letterhead Not FDCPA Violation
In Sheriff v. Gillie, 578 U.S. __ (2016), a unanimous Supreme Court on May 16 held in a narrowly-crafted decision that attorneys hired as special counsel by the Ohio Attorney General’s Office for the collection of debts owed to state institutions do not violate the Fair Debt Collection Practices Act (FDCPA) when they use the Ohio Attorney General’s letterhead together with a disclosure that they are acting as special counsel.
Supreme Court’s March 29 Ruling in Expressions Hair Design: Free Speech and Consumer Regulations
Tax Filers Face New Problems This Year
Ten Tips on Winning Spokeo Challenges in FDCPA Litigation
Impact of Supreme Court Seila Law Ruling on CFPB Constitutionality
Increase of Federal Bankruptcy Exemptions, Other Dollar Amounts: April 1, 2019
Key Post-Henson Decision Holds Debt Buyer Is a "Principal Purpose" Debt Collector
Key Steps to Minimize Risk After Equifax Data Breach
Major Consumer Protections Announced in Response to COVID-19
March 21 Deadline for Servicers to Assign to HUD Certain Reverse Mortgages to Protect Surviving Spouses
Military Lending Act Dramatically Expands Coverage on Oct. 3, 2016
The Talent-Nelson Military Lending Act (MLA), 10 U.S.C. § 987, enacted in 2006, imposes a 36% interest rate cap, bans mandatory arbitration, and imposes other restrictions on “consumer credit” extended to service members and their dependents. The MLA thus applies to more than 5 million Americans.