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  • Posts by Andrew Sayles
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    Andrew Sayles has broad litigation experience representing clients through New Jersey and New York. He combines a pragmatic approach and proven litigation experience to successfully represent clients in state and federal ...

On December 10, 2019, the United States Supreme Court issued its ruling in Rotkiske v. Klemm, an appeal from the Third Circuit concerning the statute of limitations for claims under the Fair Debt Collection Practices Act (FDCPA). The Supreme Court reviewed and affirmed the Third Circuit’s ...

A Split New Jersey Appellate Division Permits Class Certification in Drink Price Suit Against Restaurant Franchise

On July 11, 2019, the New Jersey Appellate Division, in a split decision, found that the trial court improperly denied class certification for a consumer’s claims arising under the New Jersey Truth in Consumer Contract and Warranty Notice Act (TCCWNA) and the Consumer Fraud Act (CFA). In ...

SCOTUS to Review Third Circuit Ruling Concerning Tolling of FDCPA Claims

On February 25, 2019, the Supreme Court of the United States granted certiorari in Rotkiske v. Klemm, Case No. 16-1668. The plaintiff there, Kevin Rotkiske, filed suit in June 2015, arguing that the defendant debt collectors violated the Fair Debt Collection Practices Act (FDCPA) in ...

Third Circuit Rejects Application of Discovery Rule for FDCPA Claims    

On May 15, 2018, the Third Circuit Court of Appeals issued its decision in Rotkiske v. Klem, Case No. 16-1668, concerning the statute of limitations under the Fair Debt Collection Practices Act (FDCPA).  There, the court, following en banc review, found that the FDCPA’s one year statute of ...

D.C. Circuit Court of Appeal Finds that CFPB Is Constitutional but Rejects $109 Million Penalty

In a long-awaited decision following en banc review, the Circuit Court of Appeals for the District of Columbia has ruled that the Consumer Financial Protection Bureau (CFPB) is constitutional, but that it improperly imposed a $109 million penalty on defendant PHH Corporation. In PHH v ...

Third Circuit Issues Decision Interpreting Delaware Tolling Statute

On January 2, 2018, the Third Circuit Court of Appeals issued its opinion in Panico v. Portfolio Recovery Associates, LLC. The court found that Delaware’s three-year statute of limitations for debt collection suits was not tolled in a collection suit filed in New Jersey against a New Jersey ...

UPDATED: Who is Running the CFPB?

UPDATE to the original post below:

On November 28, 2017, U.S. District Judge Timothy Kelly denied Ms. English’s request for a temporary restraining order preventing President Trump from appointing Mr. Mulvaney as acting director of the CFPB. While the Court did not dismiss Ms ...

New Jersey Supreme Court Affirms Dismissal of Class Action Claims in TCCWNA Suit

On October 4, 2017, the New Jersey Supreme Court, in a 5-1 decision, issued an opinion concerning class action claims under New Jersey’s Truth In Consumer Contract and Warranty Notice Act (TCCWNA) and Consumer Fraud Act (CFA). In Dugan, et al. v. TGI Fridays, Inc., et al., , a consolidated ...

Third Circuit Revises Position on Ascertainability in TCPA Suit

On Wednesday, August 16, 2017, the Third Circuit Court of Appeals issued its opinion in City Select Auto Sales v. BMW Bank of North America, Case No. 15-3931, wherein it found that sworn affidavits on behalf of plaintiffs may, under certain conditions, satisfy the Third Circuit’s ...

Supreme Court Rejects Tolling of Class Action Claim Under American Pipe

On the last day of its term this year, the Supreme Court of the United States issued its decision in CalPERS v. ANZ Securities, Inc., et al., Case No. 16-373, involving the impact of a putative class action on the statute of repose/limitations for prospective class members. 

In a 5-4 decision, the ...

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