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Calif. App. Court (6th Dist) Holds Alleged Misidentification of ‘Charge-Off Creditor’ Not ‘Material’

Published February 2, 2023 by Daniel Miller
Calif. App. Court (6th Dist) Holds Alleged Misidentification of ‘Charge-Off Creditor’ Not ‘Material’credit card debt

The California Court of Appeal, Sixth Appellate District, recently affirmed the dismissal of a consumer's California Rosenthal Fair Debt Collection Practices Act claim based on an alleged violation of the federal Fair Debt Collection Practices Act and the California Fair Debt Buying Practices Act in supposedly failing to properly identify the "charge-off creditor."

Ohio Supreme Court Upholds Denial of Coverage for Ransomware Attack Losses

Published January 30, 2023 by Daniel Miller
Ohio Supreme Court Upholds Denial of Coverage for Ransomware Attack Lossesit center

The Ohio Supreme Court recently reversed the decision of an appellate court and reinstated the trial court’s grant of summary judgment in favor of an insurer and against an insured company on the company’s claim for breach of contract and bad faith denial of insurance coverage relating to damages arising from a ransomware attack. 

7th Cir. Reverses Denial of Bankruptcy Trustee’s Action to Recover Money Paid to Debt Collector

Published January 25, 2023 by Daniel Miller
7th Cir. Reverses Denial of Bankruptcy Trustee’s Action to Recover Money Paid to Debt Collectorseventh circuit court of appeals

In a bankruptcy trustee's adversary action to recover money paid to a collection agency within 90 days prior to the filing of the debtor's bankruptcy petition, and pursuant to a previous garnishment order, the U.S. Court of Appeals for the Seventh Circuit recently reversed the ruling of a trial court denying the trustee's application.

9th Cir. Holds ‘Net Impression’ Test Applies to CFPA Actions for Deceptive Solicitations

Published January 23, 2023 by Jacob C. VanAusdall
9th Cir. Holds ‘Net Impression’ Test Applies to CFPA Actions for Deceptive Solicitationsconsumer financial protection act

The U.S. Court of Appeals for the Ninth Circuit recently affirmed a trial court’s ruling in favor of the Consumer Financial Protection Bureau against a company and its owner that provided fee-based scholarship and financial aid services to prospective and current college students.

2nd Cir. Holds FCRA Does Not Apply to Inaccuracies Involving Legal Disputes

Published January 16, 2023 by Daniel Miller
2nd Cir. Holds FCRA Does Not Apply to Inaccuracies Involving Legal Disputesstudent loan credit reporting

The U.S. Court of Appeals for the Second Circuit recently affirmed a trial court’s order granting summary judgment in favor of a credit reporting agency and ruled that reporting a student loan debt that was discharged in bankruptcy as “due and owing” is not cognizable as an “inaccuracy” under the federal Fair Credit Reporting Act.

2nd Cir. Affirms Dismissal of RICO, Antitrust, Other Claims Arising from Alleged LIBOR Manipulation

Published January 9, 2023 by Jacob C. VanAusdall
2nd Cir. Affirms Dismissal of RICO, Antitrust, Other Claims Arising from Alleged LIBOR Manipulationbanking

After nearly a decade of litigation, the U.S. Court of Appeals for the Second Circuit recently affirmed the dismissal of a putative class action brought against more than 20 international financial institutions alleging a conspiracy to manipulate Yen-LIBOR and Euroyen TIBOR rates.

9th Cir. Holds Mass Communication Through Social Media Can Constitute Solicitations Under Securities Act of 1933

Published January 3, 2023 by Brady Hermann
9th Cir. Holds Mass Communication Through Social Media Can Constitute Solicitations Under Securities Act of 1933securities litigation

In an opinion that could have serious adverse effects for social media influencers, the Ninth Circuit recently reinstated litigation against influencer and real estate syndicator Grant Cardone and his company, Cardone Capital, LLC, holding that Section 12 of the Securities Act of 1933 does not require that a solicitation be directed or targeted to a particular plaintiff.