SCOTUS Says: Hobbs Act Does Not Bind a District Court to the FCC’s Interpretation of a Statute -
On May 1, 2025, the American Arbitration Association’s new amendments to the Consumer Arbitration Rules officially went into...more
7/7/2025
/ Appeals ,
Arbitration ,
Class Action ,
Consumer Contracts ,
Consumer Protection Laws ,
Consumer Reporting Agencies ,
Credit Reporting Agencies ,
Fair Credit Reporting Act (FCRA) ,
FCC ,
Federal Arbitration Act ,
Hobbs Act ,
Jurisdiction ,
Litigation Strategies ,
Mortgage Lenders ,
Motion to Compel ,
OH Supreme Court ,
Opt-Outs ,
RESPA ,
SCOTUS ,
Statutory Interpretation ,
TCPA
Following in the wake of last years’ Loper Bright and Relentless, Inc. decisions that ended agency deference, the Supreme Court ruled on Friday in McLaughlin Chiropractic Assoc., Inc. v. McKesson Corp. that the Hobbs Act...more
6/24/2025
/ Advertising ,
Chevron Deference ,
Class Action ,
FCC ,
Hobbs Act ,
Judicial Review ,
Loper Bright Enterprises v Raimondo ,
McLaughlin Chiropractic Associates Inc v McKesson Corporation ,
SCOTUS ,
Statutory Damages ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Unsolicited Faxes
Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business....more
2/7/2025
/ Chevron Deference ,
Class Action ,
FCC ,
Financial Services Industry ,
Judicial Authority ,
Judicial Interpretation ,
Jurisdiction ,
Remand ,
SCOTUS ,
Standing ,
TCPA
Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business....more
1/3/2025
/ Appellate Courts ,
Billing Errors ,
CARD Act ,
Constitutional Challenges ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Credit Cards ,
Credit Reporting Agencies ,
Credit Reports ,
Debt Collection ,
Do Not Call List ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Fee Caps ,
Financial Services Industry ,
Foreclosure ,
Jurisdiction ,
Late Fees ,
New York ,
Pro Se Litigants ,
Retroactive Application ,
Statute of Limitations ,
TCPA ,
Time-Barred Claims
On December 4, 2024, the United States District Court for the Western District of New York, as a matter of first impression, denied pro se plaintiff’s motion to remand claims against a national bank for violations of the...more
Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business.
4th Circuit Holds Rental Applicant Lacks Standing...more
11/1/2024
/ Abusive Acts ,
Arbitration ,
Arbitration Agreements ,
Debt Collection ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
Injury-in-Fact ,
Jurisdiction ,
Landlords ,
Mortgage Lenders ,
Office of Foreign Assets Control (OFAC) ,
SCOTUS ,
Subject Matter Jurisdiction ,
TCPA ,
Uniform Commercial Code (UCC) ,
Unsolicited Faxes
For the second time in five years, the U.S. Supreme Court will decide a case that arises out of the Telephone Consumer Protection Act’s (TCPA) ban on the sending of unsolicited faxes. On Friday, October 3, 2024, the Court...more
Court Finds Mass Arbitration Bellwether and Delegation Provisions Unconscionable -
The district court for the Northern District of California recently denied a defendant’s motion to compel arbitration and, in so ruling,...more
9/27/2024
/ Arbitration ,
Arbitration Agreements ,
Attorney's Fees ,
Bellwether Verdicts ,
Debt Collection ,
Discovery ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
Motion to Compel ,
Online Gaming ,
Regulation Z ,
TCPA ,
Truth in Lending Act (TILA)
The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more
8/30/2024
/ Abusive Acts ,
Action to Quiet Title ,
Credit Reporting Agencies ,
Credit Reports ,
Defamation ,
Experian ,
Fair Credit Reporting Act (FCRA) ,
Foreclosure ,
Maryland ,
OH Supreme Court ,
Pro Se Litigants ,
Standing ,
TCPA ,
Time-Barred Claims ,
TX Supreme Court ,
Written Consent
The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more
8/5/2024
/ Administrative Procedure Act ,
Cell Phones ,
Chevron Deference ,
Creditors ,
FDCPA ,
Foreclosure ,
Loper Bright Enterprises v Raimondo ,
Mortgage Lenders ,
Promissory Notes ,
SCOTUS ,
Statutory Interpretation ,
TCPA ,
Truth in Lending Act (TILA)
On July 3, 2024, the United States District Court for the Southern District of New York held that “users of cellphones are not categorically excluded from the definition of ‘residential subscriber’ under the TCPA (Telephone...more
The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more
7/16/2024
/ AL Supreme Court ,
Arbitration Agreements ,
Class Action ,
Credit Reporting Agencies ,
Creditors ,
Debt Collection ,
Eviction ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Foreclosure ,
Foreclosure Sales ,
IRS ,
Mortgages ,
Motion to Exclude ,
National Bank Act ,
Open-Ended Lines of Credit ,
SCOTUS ,
TCPA ,
Truth in Lending Act (TILA)
On June 10, 2024, the United States District Court for the Northern District of New York reiterated that a claim for violation of the Telephone Consumer Protection Act (TCPA) cannot be maintained by a consumer who is neither...more
Vacating an Arbitration Award-
The Bullet Point: Ohio’s Arbitration Act strongly favors arbitration. Because of this, Ohio’s Arbitration Act limits the jurisdiction of a court once an arbitration has been conducted. It also...more
8/1/2023
/ Arbitrary and Capricious ,
Arbitration Awards ,
Class Action ,
Construction Liens ,
Contract Interpretation ,
Contract Terms ,
Creditors ,
Death Certificates ,
Estate Claims ,
Executors ,
Injury-in-Fact ,
Intrusion Upon Seclusion ,
Property Improvements ,
Standing ,
TCPA ,
Telemarketing ,
Text Messages
Standing-
Dickson v. Direct Energy, LP, 6th Cir. Case No. 22-3394.
In this putative class action, the appellant appealed the district court’s decision to dismiss his Telephone Consumer Protection Act (TCPA) claim for...more
7/12/2023
/ Article III ,
Assignment of Benefits (AOB) ,
Breach of Contract ,
Class Action ,
Commercial Insurance Policies ,
Commercial Litigation ,
Damages ,
Demand Letter ,
Fraud ,
Non-Compete Agreements ,
Punitive Damages ,
Standing ,
TCPA ,
Theft ,
Trade Secrets ,
Willful Misconduct
The Bullet Point is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation. We’re pleased to expand the Bullet Point from its previous coverage of Ohio case...more
9/23/2021
/ Arbitration ,
Cancellation of Debt (COD) ,
Coronavirus/COVID-19 ,
Debt Collection ,
Denial of Rehearing ,
Fair Credit Reporting Act (FCRA) ,
FL Supreme Court ,
Foreclosure ,
Injunctions ,
Motion to Compel ,
Offer of Judgment ,
Residential Property Owners ,
Robocalling ,
TCPA ,
Technology ,
Zoom®
TCPA Government-Debt Exception-
Barr v. Am. Assn. of Political Consultants, ___U.S.___ (2020)
The United States Supreme Court affirmed the judgment of the U.S. Court of Appeals for the Fourth Circuit, striking down the...more
7/9/2020
/ Appellate Courts ,
Arbitration Agreements ,
Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Constitutional Challenges ,
Content-Based Restrictions ,
Debt Collection ,
Federal Arbitration Act ,
Foreclosure ,
Free Speech ,
Government Debt-Exception ,
SCOTUS ,
Severability Doctrine ,
Strict Scrutiny Standard ,
TCPA