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Debt Collection › Financial Services Industry › Consumer Contracts

Orrick, Herrington & Sutcliffe LLP

Illinois appeals court rejects arbitration in FDCPA class action

Orrick, Herrington & Sutcliffe LLP on

On August 27, an Illinois appellate court affirmed a trial court’s denial of a motion to compel arbitration in an FDCPA class action. The case involved a 2022 collection email about a charged-off account originally opened...more

Bradley Arant Boult Cummings LLP

Maryland Court of Appeals Bars Confessed Judgment Clauses in Consumer Contracts

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A recent decision from the Maryland Court of Appeals provided somewhat surprising new guidance on the permissibility of confessed judgment clauses in consumer contracts. In Goshen Run Homeowners Association, Inc. v. Cisneros,...more

Carlton Fields

Fourth Circuit Compels Arbitration Over “Gateway” Issues Of Arbitrability

Carlton Fields on

This case involved a consumer, Charleene Novic, who obtained a credit card from Credit One. The card holder agreement contained an arbitration clause that stated “[c]laims subject to arbitration include … disputes related to...more

Smith Debnam Narron Drake Saintsing & Myers,...

District Court Holds Revocation of Consent Ineffective in the Face of Contractual Consent

Smith Debnam Narron Drake Saintsing & Myers,... on

Relying upon basic principles of contract law, an Alabama district court has held that there are limitations to revocation of prior express consent. In Few v. Receivables Performance Management, 2018 U.S. Dist. LEXIS 134324...more

Burr & Forman

District Court of Connecticut Follows Reyes Decision

Burr & Forman on

In Harris v. Navient Solutions, LLC, No. 3:15-cv-564 (RNC), 2018 WL 3748155 (D. Conn. Aug. 7, 2018), the United States District Court for the District of Connecticut followed the Second Circuit’s decision in Reyes v. Lincoln...more

Womble Bond Dickinson

Court Reserves “Multiple-Account” Revocation Issues for the Jury and Suggests that a Spouse Can Revoke Consent

Womble Bond Dickinson on

One of the biggest challenges collectors face when trying to honor consumer consent preferences is how to treat a stop call request received from a customer who has multiple accounts in collections with the caller....more

Ballard Spahr LLP

Oral Revocation of TCPA Consent Ineffective Where Agreement Required Written Notice, Court Rules

Ballard Spahr LLP on

A consumer's alleged oral revocation of consent to receive autodialed or prerecorded calls to his cell phone was ineffective under the Telephone Consumer Protection Act (TCPA) when his credit card agreement provided that...more

Ballard Spahr LLP

Second Circuit Denies Rehearing in Key TCPA Case

Ballard Spahr LLP on

Businesses that have not already done so should consult with counsel regarding "consent to be called" provisions in their consumer contracts in the wake of the decision by the U.S. Court of Appeals for the Second Circuit...more

Burr & Forman

Second Circuit Holds Contractually Provided Consent Cannot Be Revoked

Burr & Forman on

Reyes v. Lincoln Automotive Financial Services, No. 16-2104-cv (2nd Cir. August 21, 2017) - Plaintiff leased a car from Defendant. A term of the lease stated: You [Reyes] also expressly consent and agree that Lessor...more

Bradley Arant Boult Cummings LLP

Revocation of Consent Under TCPA: Not So Fast

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In a recent case under the Telephone Consumer Protection Act (TCPA), the U.S. Court of Appeals for the Second Circuit held that the TCPA does not permit a consumer to revoke prior consent to be contacted by telephone when...more

Ballard Spahr LLP

CFPB issues Fall 2016 Supervisory Highlights

Ballard Spahr LLP on

In its Fall 2016 Supervisory Highlights, which covers supervision work generally completed between May and August 2016, the CFPB highlights violations found by its examiners involving origination and servicing of auto...more

Carlton Fields

CFPB’s Proposed Rule Banning Use of Pre-Dispute Arbitration Agreements to Block Consumer Class Actions Signals New Wave of Class...

Carlton Fields on

On May 5, the Consumer Financial Protection Bureau (CFPB or Bureau) published a proposed rule which would prohibit application of pre-dispute arbitration agreements to class litigation involving a broad range of consumer...more

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