Archive for September 2016

DC Cir. Denies Lender’s Challenge to NLRB’s Ruling as to Lender’s Confidentiality, Non-Disparagement Employee Rules

The U.S. Court of Appeals for the District of Columbia Circuit recently denied a mortgage company’s petition for review and granted the National Labor Relations Board’s cross-petition for enforcement, holding that the NLRB correctly determined that the mortgage company’s workplace rules unreasonably burdened its employees’ ability to discuss legitimate employment matters, protest employer practices and

Read more →

9th Cir. Rules Every Debt Collector – Not Just First to Communicate – Must Comply With FDCPA’s Section 1692g

The U.S. Court of Appeals for the Ninth Circuit, in a case of first impression and the first published circuit court opinion to address the issue, recently held that each and every debt collector — not just the first one to communicate with a debtor — must send the debt validation notice required by the

Read more →

Calif. App. Court (2nd Dist) Confirms No Implied Right to HBOR Injunctive Relief

The Court of Appeal of the State of California, Second District, recently affirmed the denial of injunctive relief to a borrower who claimed a violation of Cal. Civ. Code § 2924(a)(6) of the California Homeowner Bill of Rights, holding that injunctive relief is only available under two specific HBOR provisions where the state legislature explicitly

Read more →

Fla. App. Court (2nd DCA) Holds Non-Party HOA Not Subject to Foreclosure, HOA Lien Not Limited

The District Court of Appeal of the State of Florida, Second District, recently reversed a summary judgment in favor of a mortgagee in two consolidated actions for declaratory and injunctive relief regarding the extent of the mortgagee’s liability for unpaid homeowners association assessments, holding that the trial court erred because the homeowners association was not

Read more →

6th Cir. Reverses Dismissal of Data Breach Consolidated Class Actions

In an unpublished ruling, the U.S. Court of Appeals for the Sixth Circuit recently reversed the dismissal of consolidated class actions arising from a data breach, holding that the plaintiffs had Article III standing to pursue certain tort claims and that the district court had erred in dismissing a federal Fair Credit Reporting Act claim

Read more →

ND Calif. Holds Numerous Unwanted Calls Required for TCPA Standing

The U.S. District Court for the Northern District of California recently held that an individual had Article III standing to bring a federal Telephone Consumer Protection Act claim against a bank because the individual sufficiently alleged a concrete and particularized injury. However, the Court warned that not just any alleged violation of the TCPA will

Read more →

6th Cir. Holds Auto Dealer Not Excepted from Providing ECOA Adverse Action Notices

The U.S. Court of Appeals for the Sixth Circuit recently held that an automobile dealer is a “creditor” under the federal Equal Credit Opportunity Act that was not excepted from the requirement to provide adverse action notices, as the dealer did not “merely arrange for credit by referring applicants to lenders” as provided under Regulation

Read more →

2nd Cir. Denies Arbitration Due to Specific Agreement as to Arbitration Forum No Longer Available

The U.S. Court of Appeals for the Second Circuit recently confirmed that, in the Second Circuit, an arbitration agreement is no longer binding where the intent of the parties was to arbitrate with only a specific arbitrator and that arbitrator is unavailable. A copy of the opinion in Moss v. First Premier Bank is available at: 

Read more →

Calif. App. Court Denies Appeal for Preliminary Injunction Attorney’s Fees in Calif. HBOR Case

The Court of Appeal of the State of California, Third Appellate District, recently held that an order denying interim attorney’s fees under California Civil Code § 2924.12, which is part of the California Homeowner Bill of Rights, is not an appealable order. A copy of the opinion in Sese v. Wells Fargo Bank is available at:

Read more →

3rd Cir. Holds No TCPA Coverage Under Businessowners Insurance Policy

The U.S. Court of Appeals for the Third Circuit recently held that a businessowners insurance policy did not cover a class action judgment that arose out of unsolicited advertisement communications in violation of the federal Telephone Consumer Protection Act. A copy of the opinion in Auto-Owners Insurance Company v. Stevens & Ricci Inc. is available at:  Link

Read more →

3rd Cir. Upholds Denial of Class Cert. on ‘Ascertainable Loss,’ Causation Deficiencies

The U.S. Court of Appeals for the Third Circuit recently affirmed a denial of class certification, holding that the plaintiffs’ theory was insufficiently supported by class-wide evidence to demonstrate the fact of damages whether on the issues of “ascertainable loss” or “causal relationship,” and failed to establish that common questions would predominate over individual questions.

Read more →

Mass. Call Count Cap Violated by Debt Collector Not Leaving Voicemail Message

A Massachusetts Superior Court recently held that reaching a debtor’s voicemail, but choosing to not leave a message, is a “communication” under the Massachusetts Debt Collection Regulations, 940 Code Mass. Regs. § 704(1)(f). A copy of the opinion in Watkins v. Glenn Associates, Inc. is available at: Link to Opinion. The plaintiff sued for injunctive relief

Read more →