The U.S. Court of Appeals for the Sixth Circuit recently held that a single ringless voicemail is enough to confer standing to a plaintiff under the federal Telephone Consumer Protection Act.
The Appellate Court of Illinois, First District, recently rejected a borrower's arguments that his breach of a forbearance agreement was immaterial, and that the lender was attempting to use the breach for an improper purpose by attempting to recover substantially more than the amount to which it was allegedly entitled.
The U.S. Court of Appeals for the Seventh Circuit recently rejected a bankruptcy trustee's avoidance and fraudulent transfer claims, holding that a debt purchase and sale agreement between a bankrupt debtor, its original creditor, and its new creditor was not avoidable because it did not qualify as a transfer of “an interest of the debtor in property.”
The U.S. Court of Appeals for the Seventh Circuit recently affirmed a trial court’s order allocating class notice costs in the amount of $602,838 to the defendant in a putative class action alleging violations of the federal Telephone Consumer Protection Act.
Texas Gov. Greg Abbott on June 18 signed into law House Bill 4, the Texas Data Privacy and Security Act. This makes Texas the 10th state to enact a comprehensive consumer data privacy law, following California, Virginia, Colorado, Utah, Connecticut, Iowa, Indiana, Tennessee, and Montana.
The U.S. Court of Appeals for the Ninth Circuit recently reversed a contrary trial court ruling and joined with the U.S. Court of Appeals for the Tenth Circuit in holding that a Chapter 13 trustee is not entitled to a percentage fee of plan payments as compensation for her work in a Chapter 13 case when the case is dismissed prior to confirmation.
The District Court of Appeal of Florida, Third District, recently dismissed a putative class action asserting allegedly unwanted text messages under the federal Telephone Consumer Protection Act for lack of standing under Florida law.
The U.S. Court of Appeals for the First Circuit recently dismissed an appeal in a putative class action removed from Massachusetts state court to federal trial court concerning a motion to compel arbitration, holding that the order was not a final decision and was not within an exception that would permit interlocutory review.
The California Court of Appeal, Fourth District, recently held that a party who purchased the collateral property through a homeowners association foreclosure sale is a "successor in interest" under California Civil Code § 2924c, and therefore has the right to cure any payment defaults and reinstate the loan and has standing to bring a wrongful foreclosure action.
The U.S. Bankruptcy Appellate Panel for the Eighth Circuit recently held that, at a minimum, a substantial change in circumstances is required to justify modification of a bankruptcy plan under Section 1229.
The U.S. Court of Appeals for the Seventh Circuit recently reversed a trial court’s certification of a putative class action for various failures to “rigorously analyze” the claims prior to certifying the class.
Texas Gov. Greg Abbott on May 27 signed into law Senate Bill 768 which amends the state’s data breach notification statutes. The amendments go into effect Sept. 1, 2023.