Servicemembers’ Civil Relief Act - What You Need to Know -
Between the Civil War and 1940, the United States periodically had legislation that prevented lawsuits against soldiers and sailors during times of conflict. Then,...more
10/23/2020
/ Artificial Intelligence ,
Coronavirus/COVID-19 ,
Credit Cards ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Financial Services Industry ,
FinTech ,
Gig Economy ,
High Net-Worth ,
Interest Rates ,
Investment Opportunities ,
Loan Forgiveness ,
Loans ,
Mortgages ,
Payday Loans ,
Reverse Mortgages ,
SBA ,
Servicemembers Civil Relief Act (SCRA) ,
Small Business Loans ,
Startups ,
Venmo
Attorney General William P. Barr Announces Publication of Cryptocurrency Enforcement Framework -
"The Framework provides a comprehensive overview of the emerging threats and enforcement challenges associated with the...more
10/16/2020
/ Airlines ,
Amazon ,
American Civil Liberties Union (ACLU) ,
Anthem Insurance ,
Apple ,
Attorney General ,
Bar Exam ,
BitMEX ,
Blockchain ,
Congressional Committees ,
Coronavirus/COVID-19 ,
Criminal Prosecution ,
Crypto Exchanges ,
Cryptocurrency ,
Data Breach ,
Digital Marketplace ,
Emergency Rooms ,
Enforcement Guidance ,
Ethereum ,
Facebook ,
FinTech ,
Google ,
Healthcare Facilities ,
Hong Kong ,
Hospitals ,
Innovative Technology ,
Mobile Apps ,
Money Laundering ,
Monopolization ,
Ransomware ,
Remote Learning ,
Sanction Violations ,
Settlement ,
State Attorneys General ,
Technology Sector ,
Travel ,
Venezuela ,
Virus Testing ,
Zoom®
Is a Cap on Payday Loan Rates About Protecting the Poor or Eliminating a Service?
"Industry representatives say the proposed cap would drive most, if not all, payday lenders out of business and leave their customers...more
10/13/2020
/ Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
Debt Collection ,
Debt Collectors ,
FDCPA ,
Forbearance Agreements ,
Governor Newsom ,
Loan Servicer ,
Mortgage Lenders ,
Mortgages ,
Payday Loans
U.S. Judge Halts Trump's TikTok Ban, Hours Before It was Set to Start -
"John Hall, an attorney for TikTok, said that the app, with some 100 million American users, is a 'modern day version of the town square' and shutting...more
10/4/2020
/ Amazon ,
Biometric Information ,
Biometric Information Privacy Act ,
Blockchain ,
China ,
Class Action ,
Commodities ,
Consumer Privacy Rights ,
Crypto Exchanges ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Department of Justice (DOJ) ,
Digital Currency ,
Dismissals ,
Due Process ,
Dunkin' Donuts ,
Electronic Protected Health Information (ePHI) ,
Executive Orders ,
Facebook ,
Facial Recognition Technology ,
First Amendment ,
Foreign Acquisitions ,
Free Speech ,
General Motors ,
Google ,
Hackers ,
Injunctive Relief ,
Internet Retailers ,
Legislative Agendas ,
Merchants ,
Microsoft ,
Mobile Apps ,
Networks ,
New York ,
Oracle ,
Patient Privacy Rights ,
Payment Tokens ,
Phishing Scams ,
Preliminary Injunctions ,
Proposed Legislation ,
Public Schools ,
Ransomware ,
Rewards Programs ,
Shopify ,
Tesla ,
TikTok ,
Trump Administration ,
Twitter ,
User-Generated Content ,
Wal-Mart ,
Warner Music Group ,
WeChat ,
Wrongful Termination
Morrisey, Other AGs Reach $330 Million Agreement with Student Loan Company -
"West Virginia Attorney General Patrick Morrisey and 47 other attorneys general have reached a $330 million, multistate agreement with a student...more
9/24/2020
/ Advertising ,
Blockchain ,
CARES Act ,
Consumer Financial Products ,
Coronavirus/COVID-19 ,
Debit and Credit Card Transactions ,
Demographic Targeting ,
eMortgages ,
Enforcement Actions ,
Google ,
Illegal Fees ,
Loan Modifications ,
Merchant Fees ,
Mortgage Bankers Association ,
Mortgages ,
Multistate Investigations ,
Refinancing ,
Reverse Mortgages ,
Settlement ,
State Attorneys General ,
Student Loans ,
Surcharges
TikTok Will Partner with Oracle in the United States After Microsoft Loses Bid -
"TikTok and Oracle will become business partners in the United States — a deal meant to satisfy the Trump administration's national security...more
9/22/2020
/ Actual or Constructive Knowledge ,
Artificial Intelligence ,
Biometric Information Privacy Act ,
Blockchain ,
Central Bank Digital Currency (CBDCs) ,
China ,
Class Action ,
Colleges ,
Communications Decency Act ,
Criminal Investigations ,
Cryptocurrency ,
Cyber Attacks ,
Data Breach ,
Digital Currency ,
Equifax ,
European Central Bank ,
Executive Orders ,
Facebook ,
Federal Reserve ,
FOSTA ,
Hackers ,
Life Sciences ,
Microchip Technology ,
Microsoft ,
Mobile Apps ,
National Security ,
North Korea ,
Oracle ,
Predictive Analytics ,
Remote Learning ,
Scientific Research ,
Section 230 ,
Service of Process ,
Sex Trafficking ,
Social Media ,
Students ,
Technology Sector ,
TikTok ,
Trump Administration ,
TX Supreme Court ,
Video
Three Important Ways the COVID-19 Pandemic is Changing the Delivery of Consumer Financial Services -
The world continues to come to grips with the daily changes brought by the COVID-19 pandemic. Schools contemplate...more
9/18/2020
/ Appeals ,
Blockchain ,
Buyers ,
CARES Act ,
Consumer Bankruptcy ,
Consumer Complaint Database ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Contract Terms ,
Coronavirus/COVID-19 ,
Delinquency Status ,
Enforcement Actions ,
FDCPA ,
Forbearance Agreements ,
Lenders ,
Mortgages ,
Reaffirmation ,
Reverse Mortgages ,
Student Loans ,
VA Loans
As part of Spilman's Decoded: Technology Law Insights e-newsletter, Spilman members Joseph Schaeffer and Nick Mooney discuss Section 230 of the Communications Decency Act and how it plays into President Trump's recent...more
9/17/2020
/ Censorship ,
Communications Decency Act ,
Defamation ,
Executive Orders ,
First Amendment ,
Free Speech ,
Online Platforms ,
Section 230 ,
Social Media ,
Trump Administration ,
Twitter
A New Lawsuit Against Trump’s Section 230 Executive Order Argues It Chills Speech about Voting -
"The suit accuses the president of using the order to retaliate against Twitter, infringing on the public's right to receive...more
9/15/2020
/ Biometric Information Privacy Act ,
Chilling Effect ,
China ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Cryptoassets ,
Digital Currency ,
Due Process ,
Executive Orders ,
First Amendment ,
Free Speech ,
Lack of Evidence ,
Laptop Computers ,
Microsoft ,
Mobile Apps ,
Payment Methods ,
Public Schools ,
Remote Learning ,
Retaliation ,
Right to Vote ,
Secretary of Commerce ,
Section 230 ,
Technology Sector ,
Terrorism Funding ,
TikTok ,
Trump Administration ,
Twitter ,
Voting Rights ,
WeChat
The world continues to come to grips with the daily changes brought by the COVID-19 pandemic. Schools contemplate opening. Some do, while others do not. Some professional and college sports teams play games to empty stadiums....more
Crosmun v. The Trustees of Fayetteville Technical Community College Provides Much Needed Guidance to NC Courts on How to Properly Craft eDiscovery Protocols -
The Court of Appeals decision in Crosmun is important because...more
8/21/2020
/ Artificial Intelligence ,
Attorney-Client Privilege ,
Biometric Information ,
Biometric Information Privacy Act ,
Bitcoin ,
California Consumer Privacy Act (CCPA) ,
Childrens' Lawsuits ,
China ,
Class Action ,
Cryptocurrency ,
Data Breach ,
Data Harvesting ,
Data Privacy ,
Discovery ,
Doctor-Patient Privilege ,
e-Discovery Professionals ,
Electronically Stored Information ,
Encryption ,
Ethereum ,
Executive Orders ,
Facebook ,
Facial Recognition Technology ,
Federal Crimes ,
FinTech ,
Hackers ,
Instagram ,
Legislative Agendas ,
Macy's ,
Mobile Payments ,
National Security ,
Proposed Legislation ,
Startups ,
TikTok ,
Trump Administration ,
Zoom®
Welcome!
Welcome to August’s issue of All Consuming. This month, we are taking a deep dive into discharges in bankruptcy and then reviewing several top news stories in the world of consumer finance. We hope you find value...more
8/10/2020
/ Bank of America ,
Collateral Estoppel ,
Consumer Bankruptcy ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Creditors ,
Cryptocurrency ,
Damages ,
Debtors ,
Deed of Trust ,
Disability Discrimination ,
Dischargeable Debts ,
Discriminatory Lending Practices ,
Enforcement Actions ,
Fair Housing Act (FHA) ,
False Advertising ,
Fines ,
Forbearance Agreements ,
Mortgage Lenders ,
NC Supreme Court ,
Non-Judicial Foreclosures ,
OCC ,
Regulation Z ,
Wells Fargo ,
Without Consent
The Editors' Note -
Welcome to the third issue of Decoded, Spilman's e-newsletter focusing on technology law, including data security, privacy standards, financing technologies, and digital-based means of conducting...more
8/7/2020
/ Advertising ,
Amazon ,
Amazon Marketplace ,
Arbitration Agreements ,
Banks ,
Biometric Information Privacy Act ,
Cell Phones ,
Coronavirus/COVID-19 ,
Craigslist ,
Cryptoassets ,
Cryptocurrency ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Delivery Drivers ,
Drones ,
Facebook ,
Facial Recognition Technology ,
FCC ,
Federal Crimes ,
Fines ,
Food and Drug Administration (FDA) ,
Geolocation ,
Hackers ,
Interstate Commerce ,
OCC ,
Personal Jurisdiction ,
Personally Identifiable Information ,
Product Recalls ,
Radio Frequency Identification (RFID) ,
Robots ,
Sellers ,
Settlement ,
Social Media ,
State Legislatures ,
T-Mobile ,
Twitter ,
Unauthorized Transactions
The Editors' Note -
Welcome to the second issue of Decoded, Spilman's e-newsletter focusing on technology law, including data security, privacy standards, financing technologies, and digital-based means of conducting...more
7/27/2020
/ Appeals ,
ATDS ,
Biometric Information ,
Biometric Information Privacy Act ,
Cash Transactions ,
CFTC ,
Class Action ,
Coronavirus/COVID-19 ,
Cryptoassets ,
Data Plumbing ,
Data Security ,
Facial Recognition Technology ,
False Arrest ,
False Evidence ,
FCC ,
FinTech ,
Identity Theft ,
Identity Theft Protection Acts ,
IMDB ,
LinkedIn ,
Personally Identifiable Information ,
Privacy Laws ,
Private Commercial or Financial Information ,
Securities and Exchange Commission (SEC) ,
Securities Tokens ,
Settlement ,
TCPA ,
Unregistered Securities ,
Website Owner Liability
Welcome to the inaugural issue of Decoded , Spilman's e-newsletter focusing on technology law, including data security, privacy standards, financing technologies, and digital-based means of conducting business. When it comes...more
7/14/2020
/ American Civil Liberties Union (ACLU) ,
Biometric Information Privacy Act ,
Canada ,
Chilling Effect ,
Cryptocurrency ,
Digital Currency ,
E-Scooters ,
Executive Orders ,
Facial Recognition Technology ,
Free Speech ,
Geolocation ,
Google ,
GPS ,
Injunctive Relief ,
Investment Funds ,
Mistaken Identity ,
NBA ,
Ponzi Scheme ,
Protests ,
Ridesharing ,
Right to Privacy ,
Search & Seizure ,
Social Media ,
Sports ,
Surface Transportation ,
Tracking Systems ,
Trump Administration ,
Twitter ,
Unfair or Deceptive Trade Practices ,
Viewpoint Discrimination ,
White Papers ,
Wrongful Arrest
Welcome!
Welcome to the new format of All Consuming . We listened to the feedback. A newsletter filled with long articles gives the detailed information some are looking for but becomes another thing that others have to...more
7/11/2020
/ ATDS ,
Auto-Dialed Calls ,
Banks ,
Barr v American Association of Political Consultants Inc ,
Constitutional Challenges ,
Consumer Complaint System ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Coronavirus/COVID-19 ,
Credit Cards ,
Debt Collection ,
FCC ,
First Amendment ,
Forbearance Agreements ,
Foreclosure ,
Free Speech ,
Government Debt-Exception ,
Lenders ,
Loan Servicer ,
Military Service Members ,
Mistake ,
Moratorium ,
Mortgage Servicers ,
Prior Express Consent ,
Regulation X ,
Removal At-Will ,
SCOTUS ,
Seila Law LLC v Consumer Financial Protection Bureau ,
Servicemembers Civil Relief Act (SCRA) ,
Severability Doctrine ,
Single Director ,
State Legislatures ,
TCPA ,
Text Messages ,
Unfair or Deceptive Trade Practices
Sen. Elizabeth Warren (D-Mass.) and Sen. Sherrod Brown (D-Ohio) have released a proposal calling on Congress to provide additional protections for consumers during the COVID-19 pandemic. Their proposal notes that an...more
5/6/2020
/ Consumer Bankruptcy ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Orders ,
Debt Collection ,
Debt Relief ,
Eviction ,
Financial Crisis ,
Foreclosure ,
Moratorium ,
Mortgages ,
Private Lenders ,
Proposed Legislation ,
Relief Measures ,
Rent ,
Repayment Options ,
Student Loans
Welcome to our first formal edition of All Consuming - our e-newsletter devoted to financial litigation insights. Our goal is to bring you the most up-to-date information that allows you to be proactive in your...more
It is difficult to capture in a sentence the impact the COVID-19 pandemic is having on our health, our families, our fears, the operations of businesses of all sizes, the world’s governments, and our future. Not one segment...more
On April 17, a bill was introduced in the United States House of Representatives seeking to create the Rent and Mortgage Cancellation Act of 2020. The primary feature of the bill is it would suspend all rent and mortgage...more
4/21/2020
/ Affordable Housing ,
Coronavirus/COVID-19 ,
Credit Reports ,
Disaster Relief Fund ,
Eviction ,
Foreclosure ,
HUD ,
Landlords ,
Lenders ,
Moratorium ,
Mortgagee ,
Mortgages ,
Payment Cancellation ,
Payment Suspensions ,
Popular ,
Proposed Legislation ,
Relief Measures ,
Rent ,
Rent Control ,
Rental Property ,
Repayment Options ,
State of Emergency ,
Tenants
As a result of recent amendments to the West Virginia Consumer Credit and Protection Act (“WVCCPA”), consumers in West Virginia have begun using the West Virginia Collection Agency Act (“WVCAA”) as a basis to file class...more
1/7/2020
/ Amended Rules ,
Bonds ,
Class Action ,
Consumer Protection Laws ,
Creditors ,
Debt Collection ,
Debt Collectors ,
Joint and Several Liability ,
Licensing Rules ,
Out-of-State Companies ,
Tort Reform ,
Unfair or Deceptive Trade Practices
During its 2019 regular session, the West Virginia Legislature once again reviewed the West Virginia Consumer Credit and Protection Act and determined additional changes were necessary. The Act, one of the primary statutes...more
This week, a new amendment to the West Virginia Consumer Credit and Protection Act takes effect. The Act is one of the primary statutes that governs consumer loans, leases, credit sales, and other transactions in West...more
In our last article, we discussed the pre-suit notice requirements in the West Virginia Consumer Credit and Protection Act, one of the primary consumer protection statutes under which plaintiffs bring claims related to...more
Last week, West Virginia’s attorney general filed a consumer protection lawsuit against the Diocese of Wheeling-Charleston and the former bishop of that Diocese. The attorney general’s claims are based on the West Virginia...more
3/27/2019
/ Catholic Church ,
Catholic Diocese ,
Consumer Credit Protection ,
Consumer Protection Laws ,
Dangerous Condition ,
Failure To Warn ,
False Advertising ,
Goods or Services ,
Minor Children ,
Priests ,
Private Schools ,
Religious Schools ,
Residential Leases ,
Sexual Abuse ,
Unfair or Deceptive Trade Practices