The Southern District of New York dismissed an action under the Fair Credit Reporting Act (FCRA), finding that there was no private right of action under section 1681s-2(a) for purportedly inaccurate reporting by a...more
8/8/2025
/ Consumer Litigation ,
Consumer Protection Laws ,
Consumer Reporting Agencies ,
Credit Reporting Agencies ,
Credit Reports ,
Debt ,
Dismissals ,
Failure To State A Claim ,
Fair Credit Reporting Act (FCRA) ,
Motion to Dismiss ,
Private Right of Action ,
Residential Real Estate Contracts ,
Statutory Interpretation
The Northern District of New York recently granted a motion to dismiss a putative class action on the grounds that the defendant honored the named class representative’s request to opt out of text messages within a reasonable...more
7/1/2025
/ Class Action ,
Consumer Protection Laws ,
Litigation Strategies ,
Motion to Dismiss ,
New York ,
Opt-Outs ,
Regulatory Requirements ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
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
6/5/2025
/ American Arbitration Association ,
Appeals ,
Arbitration ,
Class Action ,
Consumer Protection Laws ,
Debt Collection ,
Disclosure Requirements ,
FDCPA ,
Litigation Strategies ,
Motion to Dismiss ,
Standing ,
Truth in Lending Act (TILA)
The Third Circuit Court of Appeals recently affirmed the district court’s decision to dismiss a putative class action against a collection company on the grounds that the plaintiff lacked standing to sue under the Fair Debt...more
On March 31, 2025, the Western District of New York dismissed a pro se plaintiff’s Truth-in-Lending Act (TILA) claim as being time-barred.
In Marion v. Transitowne Jeep Chrysler Dodge Ram Williamsville, the Plaintiff...more