This presentation will cover the recent spate of class actions being filed against landlords and property managers relating to tenant protection statutes, which include challenges to rent increases, late fees in residential...more
8/18/2023
/ Application Fees ,
Class Action ,
Continuing Legal Education ,
Debt Collection ,
False Advertising ,
Insurance Costs ,
Landlords ,
Late Fees ,
Personal Liability ,
Property Managers ,
Rent ,
Rent Increases ,
Rental Property ,
Residential Leases ,
Residential Real Estate Contracts ,
Security Deposits ,
TCPA ,
Tenants ,
Webinars
On July 6, 2020, the United States Supreme Court affirmed a ruling by the Court of Appeals for the Fourth Circuit, which found that an exception allowing government debt-related robocalls to cell phones is unconstitutional...more
7/8/2020
/ ATDS ,
Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Cell Phones ,
Compelling Governmental Interest ,
Constitutional Challenges ,
Content-Based Restrictions ,
Debt Collection ,
Exceptions ,
Federal Bans ,
First Amendment ,
Free Speech ,
Government Debt-Exception ,
Robocalling ,
SCOTUS ,
Severability Doctrine ,
Strict Scrutiny Standard ,
TCPA
On Oct. 19, 2016, the Ninth Circuit held that merely enforcing a security interest is not “debt collection” under the federal Fair Debt Collection Practices Act (“FDCPA”). In so holding, the Ninth Circuit disagreed with...more
10/28/2016
/ Appeals ,
Debt Collection ,
Default ,
Dismissals ,
FDCPA ,
Foreclosure ,
Mortgage Lenders ,
Notice of Default ,
Perfected Security Interest ,
Reaffirmation ,
Split of Authority