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
A recent opinion from a federal court in North Carolina emphasizes how difficult it is to succeed on a motion to dismiss a lawsuit arising under the FCRA. Rejecting a challenge to a plaintiff’s standing and the timeliness of...more
12/6/2024
/ Arbitration ,
Arbitration Agreements ,
Delegation Clauses ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Federal Arbitration Act ,
Foreclosure ,
Mediation ,
Mortgage Servicers ,
Motion to Dismiss ,
Pro Se Litigants ,
Truth in Lending Act (TILA) ,
Willful Violations
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
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 will reflect McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more
7/1/2024
/ AL Supreme Court ,
Arbitration ,
Borrowers ,
Business Litigation ,
Commercial Court ,
Commercial Litigation ,
Counterclaims ,
FDCPA ,
FDUTPA ,
Federal Arbitration Act ,
First Impression ,
Foreclosure ,
Legal Fees ,
Motion to Compel ,
Regulation F ,
RESPA ,
SCOTUS
In January 2024, the Massachusetts Supreme Judicial Court (“SJC”) heard oral arguments in Good v. Uber Technologies, Inc. At issue are Uber’s terms and conditions that the ridesharing application provides its users in a...more