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Posts published by “Daniel Miller”

Daniel Miller is an associate in the Chicago office of Maurice Wutscher LLP, practicing in the firm’s Consumer Credit Litigation and Commercial Litigation groups. Daniel has substantial experience as a litigation attorney representing clients in both individual and class action cases involving the FDCPA, TCPA, FCRA, TILA, RESPA, Illinois Consumer Fraud Act, and various other federal and state statutes. He also has experience in representing corporate clients in commercial transactions and executive compensation agreements. Daniel earned his Juris Doctor from the University of Illinois College of Law, and his Bachelor of Arts in History from Durham University in the United Kingdom. He is admitted to practice law in Illinois and the U.S. District Courts for the Northern District of Illinois and the Southern District of Illinois.

9th Cir. Denies Plaintiffs’ Remand Motion, Holds FCRA ‘Informational and Privacy Interests’ Sufficient for Standing

The U.S. Court of Appeals for the Ninth Circuit recently affirmed the trial court's denial of a motion for a remand to state court and the dismissal of the plaintiffs' class action suit alleging violations of the federal Fair Credit Reporting Act by a credit reporting agency. 

8th Cir. Holds Text Marketing System Was Not ATDS Under TCPA

Following the Supreme Court of the United States ruling in Facebook, Inc. v. Duguid, the U.S. Court of Appeals for the Eighth Circuit recently affirmed the rulings of multiple trial courts to grant summary judgment in favor of the defendants, holding that an automated marketing system that sends promotional text messages to phone numbers randomly selected from a database of customers' information is not an automated telephone dialing system (ATDS) under the federal Telephone Consumer Protection Act.

9th Cir. Holds Defendant’s Interpretation of FCRA Not ‘Negligent’ or ‘Willful’

The U.S. Court of Appeals for the Ninth Circuit recently affirmed a trial court's grant of summary judgment in favor of a credit reporting agency, holding that the plaintiff consumer failed to present sufficient evidence that the agency violated the federal Fair Credit Reporting Act willfully or negligently, as required for liability. 

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.

Calif. App. Court (1st Dist) Holds Bail Bond Premium Finance Agreements Are Consumer Credit

The Court of Appeal of the State of California, First Appellate District, recently affirmed a trial court's order enjoining a bail bonds company from enforcing bail bond premium financing agreements on a classwide basis on the ground that the statutory notice pursuant to California Civil Code section 1799.91 had not been provided.

2nd Cir. Upholds Dismissal of TCPA ‘Unsolicited Advertisement’ Putative Class Action

The U.S. Court of Appeals for the Second Circuit recently affirmed the dismissal of a putative class action alleging that an unsolicited faxed invitation to participate in a market research survey in exchange for money was an "unsolicited advertisement" under the federal Telephone Consumer Protection Act.

9th Cir. Reverses Dismissal of Loan Officer’s Putative Class Claims Pursuant to Arbitration Agreement

The U.S. Court of Appeals for the Ninth Circuit recently reversed a trial court's order dismissing a putative class action complaint and granting the defendant lender’s motion to compel arbitration pursuant to an arbitration agreement with the plaintiff loan officer.