On Feb. 21, Alabama Rep. Craig Lipscomb introduced House Bill 216 which would create the Alabama Consumer Privacy Act. The legislation is similar to the California Consumer Privacy Act but has far broader application.
The U.S. Court of Appeals for the Fifth Circuit recently affirmed a trial court’s denial of a consumer’s Chapter 13 bankruptcy plan that proposed a "partial surrender" of a cross-collateralized loan.
On March 15, West Virginia Delegate Danny Hamrick, joined by 10 other Republicans, introduced House Bill 3159 which is consumer data privacy legislation similar to the California Consumer Privacy Act (CCPA), though arguably less business friendly.
The U.S. Court of Appeals for the Second Circuit recently affirmed a trial court’s grant of judgment on the pleadings and dismissal of two individual plaintiffs’ claims in a putative class action lawsuit.
The U.S. Court of Appeals for the Seventh Circuit recently affirmed a trial court’s order granting a putative class plaintiff’s motion to remand a case back to state court for lack of standing.
The U.S. Court of Appeals for the Seventh Circuit recently vacated a trial court’s summary judgment in favor of a debt collector and ordered dismissal for lack of Article III standing.
The U.S. Court of Appeals for the Third Circuit recently held that a debt collector did not violate the federal Fair Debt Collection Practices Act (FDCPA) when it sent a consumer a collection letter inviting her to “eliminate further collection action” by calling the company, when in fact only written communication could legally stop collection activity.
The U.S. Court of Appeals for the Seventh Circuit recently affirmed a trial court’s judgment that an insurer had no duty to defend a debt collector in an action brought by a consumer asserting claims under the federal Fair Debt Collection Practices Act (FDCPA) and the federal Telephone Consumer Protection Act (TCPA), as well as common law claims of defamation and invasion of privacy.
The U.S. Court of Appeals for the Seventh Circuit recently affirmed the denial of a post-judgment motion filed by two class members to exclude themselves from the class settlement or alternatively enlarge their time to opt out in order for them to continue parallel litigation in state court.
The State of Florida, like many states, maintains a robust workers’ compensation statute geared toward insulating employees injured on the job from associated medical services. Now, lawsuits continue to be filed against debt collectors, hospitals and other medical providers alleging that under a novel interpretation of Florida’s workers’ compensation law, it is unlawful to attempt to collect medical debt arising from work-related injuries directly from consumers.
Last year, the CFPB provided some answers to the question: What is abusive conduct? For 10 years, industry waited on a policy statement regarding the framework that the CFPB would use in enforcement related to the catch-all category of “abusiveness” only to have the CFPB rescind the policy statement citing that it intended to “exercise its supervisory and enforcement authority consistent with the full scope of its statutory authority under the Dodd-Frank Act.”
The U.S. Court of Appeals for the Eleventh Circuit recently affirmed the dismissal of a borrower’s petition seeking relief under the federal All Writs Act for purported violations of the automatic bankruptcy stay in continued foreclosure proceedings and purported violations of the borrower’s rights to remove the state court proceedings to the bankruptcy court.