Utah Gov. Spencer Cox on March 23 signed into law Senate Bill 127, which amends the state’s data breach notification statutes. The amendments go into effect May 2, 2023.
A three-judge panel of the U.S. Court of Appeals for the Second Circuit handed down a decision on March 23 holding that the funding mechanism for the federal Consumer Financial Protection Bureau is constitutionally sound. In doing so, it “respectfully decline[d] to follow the Fifth Circuit’s decision” in Cmty. Fin. Servs. Ass'n of Am., Ltd. v. CFPB.
5th Cir. Holds Company That Suffered Data Breach Ultimately Liable for Assessments Imposed by Credit Card Issuers
The U.S. Court of Appeals for the Fifth Circuit recently held that a merchant had a contractual obligation to indemnify its payment processor after a data breach at the merchant compromised customer credit card data.
March 15 was the deadline for the New York State Department of Financial Services to publish its proposed amendments to its debt collection rule. It didn’t and so they have expired. While the latest version of the proposed amendments has expired, you can bet on DFS releasing an updated version in the coming months.
Illinois App. Court (1st Dist) Reverses Dismissal of Claims That Choice of Law Provisions in Mortgage Loan Docs Violated IMFL
The Illinois Court of Appeals, First District, recently reversed a trial court’s order dismissing a quiet title lawsuit that alleged a lender's commercial loan agreement violated the Illinois Mortgage Foreclosure Law (IMFL) and was invalid and unenforceable.
The Illinois Supreme Court recently held that a separate claim accrues under the Illinois Biometric Information Privacy Act each time a private entity scans or transmits an individual’s biometric identifier or other protected information in violation of section 15(b) or (d) of BIPA.
4th Cir. Holds Alleged Violation of State Common Law, Statutory Privacy Law Not Enough for Article III Standing
The U.S. Court of Appeals for the Fourth Circuit recently reversed a trial court’s contrary ruling in a putative class action relating to a data breach and remanded the case back to state court for lack of Article III standing.
6th Cir. Holds FDCPA SOL Triggered on Date of Last Violation, Not Date Faulty Collection Action Was Filed
The U.S. Court of Appeals for the Sixth Circuit recently reversed a trial court's dismissal of a consumer’s federal Fair Debt Collection Practices Act claim, and held that the FDCPA claim actually fell within the statute of limitations.
The U.S. Supreme Court has agreed to consider a decision by the U.S. Court of Appeals for the Fifth Circuit that found the Consumer Financial Protection Bureau’s funding structure was unconstitutional. And so, for the second time in less than four years, the CFPB’s fate is set to be decided by the nation’s highest court.
The U.S. Court of Appeals for the Eighth Circuit recently vacated a trial court’s judgment entered after trial in favor of the named plaintiff and a class of consumers for alleged violations of the federal Fair Debt Collection Practices Act and the Nebraska Consumer Protection Act due to lack of Article III standing.
In a repurchase and indemnification action involving mortgage loan liabilities, the U.S. Court of Appeals for the Eighth Circuit recently upheld a trial court’s $5.4 million compensatory damages judgment and over $14 million attorney fee award in favor of the plaintiff, while overturning the trial court’s award of post-judgment interest.
The New York Court of Appeals, the state's highest court, recently reversed the ruling of an intermediate appellate court and held that the inclusion of information that is not “false, misleading, obfuscatory, or unrelated” does not void an otherwise proper notice to borrowers sent pursuant to New York Real Property Actions and Proceedings Law § 1304, and thus does not bar a subsequently filed foreclosure action.