Legal Blogs and Updates

  • Posts by Andrew Sayles
    Partner

    Andrew Sayles provides counsel in all phases of civil claims, as well as internal investigations, risk assessment/avoidance and regulatory compliance, across a broad range of matters. His experience encompasses: general ...

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 ...

Second Circuit Holds That TCPA Consent Given in Contract Cannot Be Revoked

The Second Circuit Court of Appeals recently addressed whether, under the Telephone Consumer Protection Act (TCPA), a party may unilaterally modify the terms of a written contract to revoke its prior express consent to be called. Reyes v. Lincoln Auto. Fin. Servs., No. 16-2104-cv, 2017 U.S ...

Third Circuit Finds That TCPA Claim May Proceed Based Upon Intangible Injury  

On July 10, 2017, the Third Circuit Court of Appeals reversed a District Court dismissal of a putative class action alleging violations of the Telephone Consumer Protection Act (TCPA). In Sussino v. Work Out World, Case No. 16-13277, the defendant placed an unsolicited call to the plaintiff ...

UPDATED: Beware of E-Commerce and Marketing to Canada:  Canada’s Broad Anti-Spam Law is Entering a New Phase of Enforcement on July 1, 2017

UPDATE to the original post below:  The Canadian Government has postponed implementation of the private right of action under Canada’s Anti-Spam Legislation (described below). The postponement was in response to concerns among various interest groups and communities as to ...

On June 12, 2017, the Supreme Court issued an opinion in Henson v. Santander Consumer USA, Inc., Case No. 16-349. In his first opinion since joining the Supreme Court, Justice Gorsuch wrote for a unanimous panel finding that the Fair Debt Collection Practices Act (FDCPA) did not apply to ...

Archives

Back to Page