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Posts in Consumer and Financial Litigation.

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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