On June 20, 2025, the U.S. Supreme Court released a landmark opinion in McLaughlin Chiropractic Associates, Inc., v. McKesson Corp., further reshaping the scope of judicial review of agency action. ...more
6/27/2025
/ Administrative Procedure Act ,
Class Action ,
Consent ,
Faxes ,
FCC ,
Judicial Review ,
Loper Bright Enterprises v Raimondo ,
McLaughlin Chiropractic Associates Inc v McKesson Corporation ,
Prior Express Consent ,
Robocalling ,
SCOTUS ,
Statutory Interpretation ,
TCPA ,
Telecommunications
Website owners often struggle to design privacy policies that are not only comprehensive, but also comprehensible. The tension between these competing concerns was in sharp focus in a recent Ninth Circuit decision, Calhoun v....more
9/16/2024
/ Consent ,
Corporate Counsel ,
Data Collection ,
Google ,
Invasion of Privacy ,
Notice Requirements ,
Personal Data ,
Personal Information ,
Privacy Laws ,
Privacy Policy ,
Reasonable Person Test ,
State Law Claims ,
Terms and Conditions ,
Third-Party ,
Web Browsers ,
Websites
A recent decision issued by the United States District Court for the Northern District of California in Ingram v. Money Map Press, 23-cv-05802-CRB, 2024 U.S. Dist. LEXIS 130905 (N.D. Cal. July 24, 2024) addresses an important...more
Class action defendants who have a strong basis for defeating class certification need not wait around until the plaintiffs move to certify a class before putting the issue to the test. In some instances, a more strategic and...more
Recent decisions by the U.S. Supreme Court in Smith v. Spizzirri, 601 U.S. 472 (2024) and Coinbase, Inc. v. Suski, 144 S. Ct. 1186 (2024) provide important guidance for companies utilizing arbitration clauses in their...more
7/24/2024
/ Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Class Action ,
Coinbase Inc v Suski et al ,
Contract Drafting ,
Contract Terms ,
Delegation Clauses ,
Federal Arbitration Act ,
Judicial Proceedings ,
Mandatory Arbitration ,
Motion to Compel ,
SCOTUS ,
Smith v Spizzirri ,
Stays
The entire spectrum of furnishers – from national banks to fintechs, finance companies to servicers, debt purchasers to collection agencies – have faced a recent onslaught of cases filed by consumers under the Fair Credit...more
Aligning itself with three other federal appellate courts, the Second Circuit recently made clear in Soliman v. Subway Franchisee Adver. Fund Trust, Ltd., No. 22-1726-cv, 2024 U.S. App. LEXIS 11417 (2d Cir. May 10, 2024),...more
This is the first in a series of articles based on Womble Bond Dickinson’s recent 2024 Trends in Financial Services Litigation seminar.
Managing consumer disputes and consumer lawsuits has always been a fact of life for...more
A recent decision of the Ninth Circuit Court of Appeals, Trim v. Reward Zone USA LLC, No. 22-55517, 2023 WL 5025264 (9th Cir. Aug. 8, 2023), affirmed a district court’s order granting a motion to dismiss a putative TCPA class...more
A recent Ninth Circuit decision confirmed that the one-year statute of limitations under the Fair Debt Collection Practices Act (FDCPA) begins to run when a collection attorney takes the last action that could independently...more
Does a furnisher always have to reach the “right” answer when it investigates a consumer’s credit reporting dispute? Or does the furnisher just have to engage in a “reasonable” investigation of the dispute before responding?...more