The U.S. Court of Appeals for the Sixth Circuit recently held that a consumer plaintiff had Article III standing to sue because his federal Fair Debt Collection Practices Act claim was similar to a common law "intrusion upon seclusion" claim, even though it involved only a single unwanted call.
The Texas House of Representatives on April 4 voted unanimously in favor of Texas House Bill 4, the Texas Data Privacy and Security Act. The Texas legislature remains in session through May 29, so there is ample time for the legislation to continue its course.
The Appellate Court of Illinois, First District, recently affirmed a trial court’s summary judgment ruling in favor of a mortgagee, holding that the mortgagors did not raise a triable issue of fact regarding the authenticity of a mortgage and promissory note, and rejecting the mortgagors' arguments under the Illinois Mortgage Foreclosure Law that the foreclosure sale price was "unconscionable" and that "justice was not done" with the foreclosure sale.
Iowa Gov. Kim Reynolds on March 28 signed into law SF 262, making Iowa the sixth state to enact comprehensive consumer data privacy legislation. The other states are California, Virginia, Colorado, Utah, and Connecticut. The law will take effect Jan. 1, 2025.
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.
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.
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.
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.
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.