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Scott Nelson
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Steve Gardner has given a great and succinct summary of todays decision in Barr v. AAPC. The Telephone Consumer Protection Act lives, minus its obnoxious exception for government debt collection robocalls. What's not to like about that bottom line? I... Continue reading
Posted 4 days ago at CL&P Blog
The Supreme Court issued its ruling in Seila Law v. CFPB today, holding by a 5-4 vote that the Congress violated the principle of separation of powers by placing the Consumer Financial Protection Bureau under a single director removable by... Continue reading
Posted Jun 29, 2020 at CL&P Blog
It's no secret that many companies use arbitration agreements with class-action bans not because they want to arbitrate claims, but because they want to avoid claims altogether. When large numbers of consumers or employees share a claim and can't bring... Continue reading
Posted Feb 11, 2020 at CL&P Blog
The Supreme Court this morning decided Rotkiske v. Klemm, No. 18-328, holding that absent the application of an equitable doctrine, the FDCPA’s statute of limitations begins to run on the date on which the alleged FDCPA violation occurs, not the... Continue reading
Posted Dec 10, 2019 at CL&P Blog
The Supreme Court has established a briefing schedule in the Seila Law case, which presents the question whether limitations on presidential removal of the director of the CFPB render the agency's structure unconstitutional. The schedule was jointly proposed by the... Continue reading
Posted Oct 31, 2019 at CL&P Blog
The Supreme Court has tapped Paul Clement of the law firm Kirkland & Ellis to support the constitutionality of the CFPB director's tenure protection in the Seila Law v. CFPB case in which the Court granted certiorari last week. Because... Continue reading
Posted Oct 25, 2019 at CL&P Blog
The Supreme Court today issued orders stemming from this morning's conference in which the Justices considered what new cases to take up. Among those cases is Seila Law v. CFPB, which raises the question of the constitutionality of the placing... Continue reading
Posted Oct 18, 2019 at CL&P Blog
The CFPB announced last Friday the planned formation of a "Taskforce on Federal Consumer Financial Law." According to the Bureau, "[t]he taskforce will examine the existing legal and regulatory environment facing consumers and financial services providers and report recommendations on... Continue reading
Posted Oct 18, 2019 at CL&P Blog
For years, subjects of CFPB enforcement actions have challenged the constitutionality of the agency's structure, arguing that separation-of-powers principles forbid Congress to grant enforcement authority to an independent agency whose director is protected against being fired without cause by the... Continue reading
Posted Sep 17, 2019 at CL&P Blog
Two recent appellate decisions have continued the courts' exploration of how the Supreme Court's Spokeo standing decision affects cases under the Fair Debt Collection Practices Act (FDCPA). Both find that a debt collector's actions violated a right conferred on consumers... Continue reading
Posted Aug 21, 2019 at CL&P Blog
The U.S. Court of Appeals for the Ninth Circuit yesterday rejected Facebook's effort to avoid a Telephone Consumer Protection Act lawsuit on First Amendment grounds. Facebook had argued that a recent amendment to the law, which excepted calls seeking to... Continue reading
Posted Jun 14, 2019 at CL&P Blog
For the second time this Supreme Court Term, Justice Gorsuch has dissented from a majority opinion by Justice Kavanaugh. Both times, the beneficiary of Kavanaugh's vote has been a plaintiff whose cause of action Kavanaugh would recognize but Gorsuch would... Continue reading
Posted May 13, 2019 at CL&P Blog
The Telephone Consumer Protection Act (TCPA) provides people whose cell phones receive unconsented-to, autodialed calls and texts a right to sue. Since the Supreme Court's decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), which held that statutory... Continue reading
Posted Apr 30, 2019 at CL&P Blog
In 2015, Congress amended the Telephone Consumer Protection Act (TCPA) to exempt calls made to collect a debt owed to or guaranteed by the federal government from the TCPA’s ban on unwanted robocalls to cell phones. Last week, in a... Continue reading
Posted Apr 29, 2019 at CL&P Blog
In its latest foray into the poorly drafted provisions of the Fair Debt Collection Practices Act, the Supreme Court unanimously decided today in Obduskey v. McCarthy & Holthus LLP that entities who engage in nonjudicial foreclosure either regularly or as... Continue reading
Posted Mar 20, 2019 at CL&P Blog
In an en banc decision late last week, the U.S. Court of Appeals for the Ninth Circuit held that a San Francisco ordinance requiring ads for sugar-sweetened beverages to warn of the link between overconsumption and obesity violates the First... Continue reading
Posted Feb 5, 2019 at CL&P Blog
It could have been a routine order directing arbitration in a commercial dispute no one beyond the parties would likely care about. Instead, Judge William Young of the U.S. District Court for the District of Massachusetts used the occasion of... Continue reading
Posted Dec 21, 2018 at CL&P Blog
Alison Frankel of Reuters reports that the Delaware Chancery Court has held that Delaware corporations lack authority to include in their charters "forum selection clauses" applicable to federal securities fraud claims asserted by shareholders. Put more simply, the ruling limits... Continue reading
Posted Dec 19, 2018 at CL&P Blog
The vaping industry's First Amendment challenge to FDA e-cigarette marketing rules remains pending in the DC Circuit, where it awaits decision following oral arguments this past September. But federal officials aren't the only ones trying to regulate the industry's practices:... Continue reading
Posted Dec 17, 2018 at CL&P Blog
When a federal district court certifies, refuses to certify, or decertifies a class, Federal Rule of Civil Procedure 23(f) gives a party 14 days to ask a court of appeals for permission to appeal the ruling. But what if a... Continue reading
Posted Nov 29, 2018 at CL&P Blog
The Supreme Court held long ago, in a case generally referred to as "American Pipe," that if the courts refuse to allow a case to go forward as a class action, all members of the class have the chance to... Continue reading
Posted Jun 11, 2018 at CL&P Blog
In case you missed the punchline of Jeff Sovern's post on the CFPB's annual report, the news is not the report itself (which conscientiously recites the CFPB's actions between February and September 2017, before Mick Mulvaney was appointed Acting Director... Continue reading
Posted Apr 2, 2018 at CL&P Blog
In an opinion issued this morning, the U.S. Court of Appeals for the District of Columbia Circuit overturned key provisions of a Federal Communiciations Commission ruling addressing the scope of the Telephone Consumer Protection Act's prohibition on the use of... Continue reading
Posted Mar 16, 2018 at CL&P Blog
National banks have long argued for broad preemption of state laws that would otherwise apply to their activities, and their federal regulator, the Office of the Comptroller of the Currency (OCC) has often gone along. In an important decision issued... Continue reading
Posted Mar 5, 2018 at CL&P Blog
Wastewater systems nationwide have for some time been urging people not to flush anything except human waste and toilet paper down the toilet to avoid clogs that damage sewer lines. Kimberly-Clark and other manufacturers, however, market some of their moistened... Continue reading
Posted Jan 3, 2018 at CL&P Blog