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Posts tagged as “Third Circuit”

3rd Cir. Holds TILA Does Not Require Breakdown of Annual Credit Card Fee

The U.S. Court of Appeals for the Third Circuit recently affirmed the dismissal of a consumer’s claims under the federal Truth in Lending Act, 15 U.S.C. § 1601 et seq., and its implementing regulation, Regulation Z, 12 C.F.R. § 1026. In so ruling, the Third Circuit held that TILA does not require disclosure of each individual component of the total annual fee in a renewal notice for a credit card.

Third Circuit: Risk of Future Harm from Data Breach Enough for Article III Standing

The U.S. Court of Appeals for the Third Circuit recently held in Clemens v. ExecuPharm Inc. that the risk of future harm from a data breach can be enough for Article III standing, taking into consideration whether the breach was intentional, whether the data was misused, and the nature of the data accessed.

3rd Cir. Grants Motion to Compel Arbitration in Case Where Validity of Assignment of Contract is at Issue

The U.S. Court of Appeals for the Third Circuit recently confirmed that parties may contractually delegate questions of arbitrability to the arbitrator and reversed a District Court’s order denying a debt buyer's motion to compel arbitration when there was a question about the validity of assignment of the underlying contract.

3rd Cir. Excludes Home from Bankruptcy When Seller in Installment Sale Contract Obtained Possession Pre-Petition

The U.S. Court of Appeals for the Third Circuit recently held that, because the home seller in an installment sale contract received a judgment of possession before the buyer filed for bankruptcy, the home was not part of the buyer’s bankruptcy estate.

3rd Cir. Holds Penn Regulator’s Actions Against Out-of-State Lender Did Not Violate Commerce Clause

The U.S. Court of Appeals for the Third Circuit recently reversed a trial court's ruling that the Pennsylvania Department of Banking and Securities violated the Commerce Clause by issuing and attempting to enforce a subpoena to an out-of-state vehicle title lender regarding the out-of-state lender's interactions with Pennsylvania residents.

3rd Cir. Holds No FDCPA Violation When Debt Collector Invited Phone Calls to ‘Eliminate Further Collection Action’

The U.S. Court of Appeals for the Third Circuit recently held that a debt collector did not violate the federal Fair Debt Collection Practices Act (FDCPA) when it sent a consumer a collection letter inviting her to “eliminate further collection action” by calling the company, when in fact only written communication could legally stop collection activity.

3rd Cir. Rejects Challenge to Parallel State AG and CFPB Prosecutions

The U.S. Court of Appeals for the Third Circuit recently affirmed the denial of a motion to dismiss filed by a federal student loan lender and servicer against claims raised by the Commonwealth of Pennsylvania alleging violations of federal and state consumer protection laws after the Consumer Financial Protection Bureau filed suit raising similar claims.