Wisconsin Supreme Court Holds Coronavirus Stay-At-Home Order Invalid
On May 13, 2020, the Wisconsin Supreme Court struck down an order (the Stay-At-Home Order) authorized by the governor that commanded, among other things, non-essential... Read More
Litigation Developments
Mortgage Lender Settles FCA Whistleblower Complaint with Government for $15 Million
On April 29, 2020, the Department of Justice announced that a large residential mortgage lender has agreed to pay $15 million to settle a recently-unsealed... Read More
11th Circuit: TCPA Consent in Contract Cannot Be Revoked Unilaterally
The Eleventh Circuit has held that consent under the TCPA cannot be unilaterally revoked if it was given as part of a contract. The case... Read More
TX Supreme Court Reduces Judgment against Financial Services Company
The Texas Supreme Court recently reversed a judgment of $211 million in equitable relief against a financial services company because an accurate measure of damages... Read More
TX Supreme Court Rules Lenders Entitled to Equitable Subrogation Where They Fail to Correct Curable Constitutional Defects in Loan Documents
On April 24, 2020, the Texas Supreme Court answered a certified question from the U.S. Circuit Court of Appeals for the Fifth Circuit, ruling that... Read More
FTC Files Complaint Against Rhode Island Company Claiming SBA Affiliation
On April 17, 2020, the FTC filed a complaint for a permanent injunction against a Rhode Island company claiming to be affiliated with the U.S.... Read More
9th Circuit Rules that Loan Obtained by Trustee to Finance Repairs on Trust Property is Consumer Credit Transaction Under TILA, RESPA, and Rosenthal Act
On April 14, 2020, the U.S. Court of Appeals for the Ninth Circuit ruled that a loan which was obtained by the trustee of a... Read More
2nd Circuit Construes TCPA’s Definition of Autodialer Broadly
The U.S. Court of Appeals for the Second Circuit recently considered whether text message platforms used for marketing campaigns should be considered automatic telephone dialing... Read More
FL District Court Approves $2.25M TCPA Class Action Settlement
A federal district court in Florida recently approved a $2.25 million TCPA class action settlement with approximately $800,000 in attorneys’ fees. The $2.25 million resolves... Read More
3rd Circuit Allows Oral Disputes Under FDCPA, Overturning Decades-Old Authority
The U.S. Court of Appeals for the Third Circuit, sitting en banc, recently held that a debtor’s dispute of a debt’s validity under the FDCPA... Read More
Plaintiff Whose Job Was Pursuing TCPA Claims Lacks Standing, Loses Case
A federal district court in New Jersey recently rejected TCPA claims brought by a law firm investigator who had aggressively followed up in response to... Read More
5th Circuit Affirms District Court Dismissal of Bank’s Insurance Coverage Breach of Contract Action Related to Bank’s FCA Settlement
The Fifth Circuit recently affirmed a district court’s dismissal of a bank’s breach of contract action against its primary and excess professional services liability insurers... Read More
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