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New York Bill Would Create a ‘No Injury Needed’ Consumer Protection Law, Learn More at NYC Bar’s Consumer Financial Law Institute on May 5

New York’s standalone consumer protection statute, General Business Law § 349, may get a makeover. And if this proposal from New York’s Attorney General becomes law, it will be quite easy and economically beneficial for consumers and consumer advocacy groups to initiate litigation over any aspect of consumer-facing business activity.

California Expands Rosenthal Act to Cover ‘Small Business’ Debt Collection

California Gov. Gavin Newsom recently signed SB 1286 amending the Rosenthal Fair Debt Collection Practices Act’s coverage to certain commercial debt. Prior to this amendment, the RFDCPA’s restrictions applied only to certain debt collectors and creditors collecting consumer debt. The amendments are effective Jan. 1, 2025.

6th Cir. Holds EFTA Does Not Provide Indemnification or Contribution Right for Financial Institutions

The U.S. Court of Appeals for the Sixth Circuit recently upheld the dismissal of a financial institution's putative class action lawsuit against a cellular service provider arising from a "SIM swap" scam, holding that the financial institution had no claim for indemnification or contribution under the EFTA or state law.

7th Cir. Upholds Rejection of Borrower’s FCRA and FDCPA Claims Arising from Collection and Reporting Post-Bankruptcy

The U.S. Court of Appeals for the Seventh Circuit recently upheld a trial court's rejection of a borrower's allegations that a mortgagee and its servicer violated the federal Fair Credit Reporting Act and the federal Fair Debt Collection Practices Act by allegedly inaccurately reporting her loan as delinquent following the borrower's successful completion of her bankruptcy plan, allegedly rejecting her subsequent monthly payments, and filing a foreclosure action based on the supposed post-bankruptcy defaults.