The U.S. Court of Appeals for the Eleventh Circuit recently struck down Florida’s “anti-surcharge” statute, Fla. Stat. § 501.0117, holding that the Florida law prohibiting charging a fee to pay by credit card was an unconstitutional restriction of free speech. A copy of the opinion in Dana’s Railroad Supply, et al v. Attorney General, State of Florida is available at: Link to Opinion. Four small businesses filed suit after receiving cease-and-desist letters from the Florida Attorney General demanding they refrain from charging lower prices for customers using cash and higher prices for those using credit cards, and demanding that they refrain from…
Posts published in “Consumer Financial Services Law”
The U.S. Court of Appeals for the Eleventh Circuit recently held that a party challenging an arbitration agreement containing a delegation clause – requiring threshold determinations, such as whether an arbitration agreement is enforceable, to be made by an arbitrator – must challenge the delegation clause specifically, and not simply the agreement as a whole. A copy of the opinion is available at: Link to Opinion. The plaintiff, a Georgia resident, responded to a television advertisement for short-term loans by applying for the $1,000 loan using his computer. The lender was a South Dakota limited liability company located on Indian…
National financial services law firm Maurice Wutscher LLP has opened a new office in Boston, hiring financial services attorney Brady Hermann to lead the firm’s Massachusetts litigation matters. This brings the number of offices of Maurice Wutscher LLP to 12. Hermann will practice in the firm’s Commercial Litigation and Consumer Credit Litigation groups, joining Maurice Wutscher’s skilled team of 26 attorneys focused on defense of the financial services industry in offices throughout the United States. In addition to Boston, Maurice Wutscher has offices in Austin, Chicago, Cincinnati, Flemington, Indianapolis, Miami, New York, Philadelphia, San Diego, San Francisco and Washington, DC.…
National financial services law firm Maurice Wutscher LLP has opened its 11th office, hiring financial services attorney Eric Rosenkoetter to lead the firm’s Texas litigation matters in its new Austin office. Rosenkoetter will practice in the firm’s Commercial Litigation, Consumer Credit Litigation and Regulatory Compliance groups, joining Maurice Wutscher’s skilled team of 25 attorneys focused on defense of the financial services industry in offices throughout the United States. In addition to Austin, Maurice Wutscher has offices in Chicago, Cincinnati, Flemington, Indianapolis, Miami, New York, Philadelphia, San Diego, San Francisco and Washington, DC. Rosenkoetter has substantial experience as a litigation attorney…
The Annual Consumer Financial Services Conference organized by The Conference on Consumer Finance Law, and co-sponsored by the Loyola University Chicago School of Law, Maurice Wutscher and other law firms, will be held Nov. 19-20, in Chicago. The conference will include presentations by some 45 of the best and brightest speakers and practitioners in the country, on the following topics: TCPA: The New FCC Order Fair Lending and HMDA CFPB Administrative Appeals Arbitration Developments UDAAP Cybersecurity CFPB Regulation of Non-Bank Auto Finance TRID: Issues and Implementation Flood and Lender-Placed Insurance Mortgage Servicing and Bankruptcy State Regulation of Debt Collection/Debt Buyers Credit…
Statutory damage claims, like those under the TCPA and the FCRA, will be scrutinized in the next session of the U.S. Supreme Court and its decisions could have broad implications for the financial services industry. Today we look at one of the cases the court will consider, Gomez v. Campbell-Ewald Co. The case considers whether an offer of complete relief to a litigant will extinguish both her individual claims and, prior to class certification, render her class claims moot. A decision will likely impact litigation under the FDCPA, TILA, EFTA and other federal laws, which can expose financial services companies to…
You may have noticed a new firm logo on our site. I’m very happy to announce the merger of Maurice & Needleman with financial services law firm McGinnis Wutscher. The alliance enables us to provide the services of 24 lawyers in 10 offices in the Northeast, Southeast, Midwest and West. We now have offices in Chicago, Cincinnati, Indianapolis, Miami, San Diego, San Francisco and Washington in addition to New York, Flemington and Philadelphia. As Maurice Wutscher, the firm will focus in the areas of consumer credit defensive litigation, commercial banking litigation, regulatory compliance, insurance recovery and advisory services, professional liability defense and ethics matters. The lawyers of…