Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business.
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 effect. While not a complete overhaul, the revisions impact many of the existing rules while also adding numerous new provisions.
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Ohio Supreme Court Holds Hearing on Arbitration Not Required if Parties Do Not Request It
In a unanimous opinion, the Ohio Supreme Court held that a trial court is not required to first hold an oral hearing on a motion to compel arbitration under Ohio’s Arbitration Act if no party requests a hearing.
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5th Circuit Reminder: Forum Selection Clause Cannot Strip a Federal Court of Jurisdiction
The 5th Circuit recently reversed a district court’s decision to remand a case before ruling on a pending motion to compel arbitration. This is because the remand motion did not challenge the district court’s jurisdiction; instead, it sought remand due to a forum selection clause in the parties’ contract that was in dispute.
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District Court Finds Defendant Honored Opt-out Request Within Reasonable Timeframe Under TCPA
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 time under the Telephone Consumer Protection Act.
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Fifth Circuit Affirms FCRA Limits: Credit Reporting Agencies Not Required to Resolve Fraud Claims
In a case of first impression, the Fifth Circuit joined the First, Seventh, Ninth, and Tenth Circuits in affirming the Eastern District of Texas’s decision that a consumer may not use the Fair Credit Reporting Act to “collaterally attack” the legal validity of a debt through an FCRA reinvestigation claim when the reported information was factually accurate.
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U.S. District Court Dismisses RESPA Claims Against State-Owned Mortgage Company
On June 17, 2025, the United States District Court for the District of Rhode Island dismissed pro se plaintiffs’ claims against the Rhode Island Housing and Mortgage Finance Corporation for alleged violations of the Real Estate Settlement Procedures Act.
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