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Posts in Consumer and Financial Litigation.
Supreme Court Finds CFPB Leadership Structure Unconstitutional

On June 29, 2020, the Supreme Court of the United States issued its holding in Seila Law LLC v. Consumer Financial Protection Bureau.  

Following the financial crisis in 2008, Congress created the Consumer Financial Protection Bureau (“CFPB”) as part of the Dodd-Frank Act. At the time, it ...

Second Circuit Adopts Broad Definition of Auto Dialer Under the TCPA

On April 7, 2020, the Second Circuit issued its ruling in Duran v. La Boom Disco, Inc., a matter addressing what constitutes an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA). This ruling was the third Circuit Court holding in 2020 to address this ...

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 ...

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