Colorado State Court Affirms “Valid-When-Made” Inapplicable to Non-Banks
A Colorado state court recently found the “valid-when made” doctrine inapplicable to non-banks in Colorado, ruling that the language of 12 U.S.C. § 1831(d) applies... Read More
Litigation Developments
U.S. Supreme Court Finds CFPB’s Structure Unconstitutional
The Supreme Court of the United States today issued its opinion in Seila Law, LLC v. CFPB, finding the CFPB’s single-director structure unconstitutional, and severing... Read More
U.S. Supreme Court Vacates DHS Decision to Rescind DACA
The Supreme Court recently ruled that the U.S. Department of Homeland Security’s 2017 decision to rescind the Deferred Action for Childhood Arrivals (DACA) program violated... Read More
3rd Circuit Finds Foregoing Contractual Rights Does Not Alter Contract
The Third Circuit recently affirmed a summary judgment against plaintiffs in a class action, holding in an unpublished opinion that failing to exercise a contractual... Read More
9th Circuit Panel Holds Express Consent Does Not Offer Protection Under the TCPA When Unintended Person Receives the Call
Recently, the U.S. Court of Appeals for the Ninth Circuit held that express consent from the intended recipient of a call does not exempt a... Read More
Supreme Court: Title VII Prohibits Discrimination Based on Sexual Orientation/Transgender Status
The Supreme Court has held that Title VII prohibits discrimination against an employee for being gay or transgender, because that type of discrimination is necessarily... Read More
Auto Dealership in $1.5 Million Discrimination Settlement with FTC
The FTC recently reached a $1.5 million settlement with a Bronx-based auto dealership accused of racially discriminating against customers, deceptive advertising practices, and price inflation.... Read More
Mortgage and Student Loan Debt-Relief Companies Settle FCRA, Telemarketing Sales Rule, and UDAAP Allegations with the CFPB
On May 18, 2020, the CFPB settled claims with a series of mortgage companies and student loan debt-relief companies (the companies), recently moving for entry... Read More
Court Issues Injunction and $40.3 Million Judgment Against Payment Processor for Actions Taken by Its Clients
The U.S. District Court for the Southern District of New York recently entered two stipulated orders for permanent injunctions and monetary judgments against an Atlanta-based... Read More
3rd Circuit Finds Faxed Research Surveys Offering Participation Payments are Advertisements Under TCPA
The Third Circuit recently held that the TCPA’s definition of advertisement includes faxes seeking participation in market research surveys in exchange for payments, overturning two... Read More
9th Circuit Finds HOA Foreclosure Cannot Extinguish FHFA Interest
The Ninth Circuit relied on the Housing and Economic Recovery Act of 2008 (HERA) in ruling that Fannie Mae’s financial interest in a loan purchased... Read More
Federal Court Enjoins MA AG’s Enforcement of Prohibition on Collection Efforts
A Massachusetts’s federal district court recently granted a temporary restraining order (TRO), enjoining the state’s attorney general from enforcing regulation prohibiting collections efforts amidst COVID-19.... Read More
Industry News, including Federal Regulatory Developments, State Regulatory Developments and Litigation Developments, is for general information purposes only and is not in any way intended, nor shall it be construed, as legal advice, legal opinion or any other advice on any specific facts or circumstances. No person or entity (“Person”) should act or refrain from acting upon this information without seeking professional advice. No Person may rely on this information or its applicability to any specific circumstances. The information in Industry News, including Federal Regulatory Developments, State Regulatory Developments and Litigation Developments, is in no instance to be taken as an indication of completeness, applicability to a particular situation, or an indication of future developments or results.