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Motion to Dismiss Enforcement Actions

Holtzman Vogel Baran Torchinsky & Josefiak

A Cautionary Tale - State AGs Prevail with a Lump of Coal for Major Investment Firms

In November 2024, a Texas-led coalition of thirteen states sued three of the world’s largest investment firms, BlackRock, State Street, and Vanguard Group, claiming the firms violated antitrust and consumer protection laws by...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Updates — July 2025

The Sixth Circuit recently delivered a clear message to litigants pursuing claims under the Telephone Consumer Protection Act (TCPA): high call volume alone is not enough. In Fluker v. Ally Financial, Inc., the court...more

Kelley Drye & Warren LLP

TCPA Tracker: April-June 2025

On June 20, 2025, the U.S. Supreme Court held that a district court in an enforcement proceeding is not bound by an agency’s pre-enforcement interpretation of a statute. Rather, as the Court held in McLaughlin Chiropractic...more

Troutman Amin LLP

PRIME TIME: Wolf Destroys Window Cleaner’s Hopes of Quick TCPA Class Action Exit

Troutman Amin LLP on

A window washing company in Chicago is caught in a TCPA class action arising out of their apparent use of prerecorded calls to contact consumers. In Bulgart v. Prime Time Window Cleaning, 2025 WL 1899536 (N.D. Ill. July 9,...more

Troutman Amin LLP

AU FOND: Camp Lejeune Lead Leads to Trouble For CHARLES BARATTA LLC, doing business as PRIME MARKETING– But I learned a new...

Troutman Amin LLP on

Au Fond. Do you folks know this lovely phrase? Here I–Mr. Highly Selective Dictionary for the Extraordinarily Literate memorizer– thought I knew it all. And yet the Czar just learned something mysterious and lovely that has...more

Klein Moynihan Turco LLP

Recent Daniel’s Law Lawsuit

Readers of this blog are not strangers to Daniel’s Law lawsuits filed by Atlas Data Privacy Corporation (“Atlas”). While waiting for the Third Circuit Court of Appeals to decide whether Daniel’s Law is constitutional, a New...more

Orrick, Herrington & Sutcliffe LLP

District court rules against dismissing CFPB case in favor of “public interest”

On June 12, the U.S. District Court for the Northern District of Illinois denied a joint motion by the CFPB and the defendants to vacate a stipulated final judgment and order, finding that the parties failed to demonstrate...more

Cozen O'Connor

The State AG Report – 06.05.2025

Cozen O'Connor on

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: • AGs Secure Contempt Ruling Against Robocaller for...more

Robinson+Cole Data Privacy + Security Insider

TikTok’s Motion to Dismiss Denied by NY State Court

New York Attorney General Letitia James and 13 other Attorneys General filed suit in October 2024 against TikTok “for misleading the public about the safety of its platform and harming young people’s mental health.” TikTok...more

Cozen O'Connor

New York AG’s Lawsuit Against TikTok Survives Motion to Dismiss

Cozen O'Connor on

New York AG Letitia James obtained an order denying TikTok Inc.’s motion to dismiss a lawsuit brought by AG James against the company and affiliated entities, alleging that they violated state consumer protection laws by...more

Orrick, Herrington & Sutcliffe LLP

CFPB allowed to drop suit against multinational retailer

On May 13, the U.S. District Court for the District of Minnesota issued a notice of dismissal with prejudice wherein the CFPB, as plaintiff, initiated a legal action against two defendants: a multinational retailer from...more

Orrick, Herrington & Sutcliffe LLP

District court dismisses case on CFPB’s supervision of tech company

On May 7, the U.S. District Court for the District of Columbia dismissed without prejudice a legal challenge to a supervisory order issued by the CFPB against a large tech company (the plaintiff). The parties entered a joint...more

Orrick, Herrington & Sutcliffe LLP

District court grants partial CFPB win in credit reporting case

On May 5, the U.S. District Court for the Central District of California granted in part and denied in part a motion to dismiss filed by the defendant, a consumer reporting agency, in a case brought by the CFPB in January...more

Faegre Drinker Biddle & Reath LLP

Courts Continue to Find the Federal Trade Secrets Act Reaches Extraterritorial Conduct

Summary - Courts across the country have found that the DTSA can reach a foreign defendant’s conduct when — in the words of 18 U.S.C. § 1837(2) — “an act in furtherance” of the misappropriation was committed in the United...more

Bass, Berry & Sims PLC

False Claims Act Gives Broad Dismissal Authority to Government, District Judge Says

Bass, Berry & Sims PLC on

On April 2, the United States District Court for the Eastern District of Virginia dismissed a whistleblower’s False Claims Act (FCA) action after the relator attempted to dismiss the government as a plaintiff-intervenor in...more

Orrick, Herrington & Sutcliffe LLP

Bank responds to CFPB’s amended complaint and alleges improper delay tactics

On March 17, a bank again asked the U.S. District Court for the Northern District of Texas to dismiss the CFPB’s suit against the bank. As previously covered by InfoBytes, the Bureau filed an amended complaint after the...more

A&O Shearman

Southern District Of New York Denies Digital Asset Trading Company’s Motion For Judgment On The Pleadings

A&O Shearman on

On February 7, 2025, Judge Paul A. Engelmayer of the United States District Court for the Southern District of New York denied a motion for judgment on the pleadings in a putative class action against a cryptocurrency...more

McGlinchey Stafford

District Court Holds Debt Verification In Response to Consumer’s Letter Refusing to Pay, But Disputing the Debt, Is Not a FDCPA...

McGlinchey Stafford on

A United States District Judge for the U.S. District Court for the District of Maryland rejected a plaintiff’s arguments that a debt collector’s verification of a debt in response to a letter refusing to pay, but disputing...more

Butler Snow LLP

Recent Changes to the Mississippi Rules of Civil Procedure

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The last quarter of 2024 and the beginning of 2025 saw multiple amendments to the Mississippi Rules of Civil Procedure that will impact Mississippi practitioners. The three primary Rule changes are: (1) third-party...more

Venable LLP

FTC Forges Ahead in Court Battle on FTC Act's Scope Over Nonprofit Institutions (And Loses)

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With much of the administrative state in turmoil, the Federal Trade Commission (FTC) appears to be holding steady and continuing to litigate its current cases. We previously discussed the FTC’s lawsuit against Grand Canyon...more

Faegre Drinker Biddle & Reath LLP

Python Bites Back: Counterclaims Based on Alleged Consent Survive Plaintiff’s Motion to Dismiss

TCPA defendants often assert, in either a motion to dismiss or answer (or both), that a plaintiff gave prior express consent to receive the calls or text messages at issue. But it is the exceptional case where a defendant...more

Troutman Pepper Locke

The Beginning of the End for False Claims Act Qui Tam Cases? Florida District Judge Holds Whistleblower Provisions...

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On September 30, Judge Kathryn Kimball Mizelle held that the qui tam provision of the False Claims Act (FCA) violates the Appointments Clause of the U.S. Constitution because FCA relators are acting as “officers of the U.S.”...more

Ballard Spahr LLP

CFPB to file amended complaint against Solo Funding, Inc. which will moot motion to dismiss based in part on CFPB’s unlawful...

Ballard Spahr LLP on

We recently reported that on August 15, 2024 Solo Funding, Inc. (“Solo”) filed a motion to dismiss in its entirety an enforcement complaint brought by the CFPB against Solo (a company that facilitates peer-to-peer small...more

Ballard Spahr LLP

Another target of CFPB enforcement action argues that lawsuit filed on August 23, 2023 must be dismissed because the CFPB lacked...

Ballard Spahr LLP on

We have recently blogged about two other actions in which this issue has been raised (one being a declaratory judgment action filed against the CFPB on July 23, 2024 in the E.D. Tex. and the other being an enforcement action...more

Ballard Spahr LLP

Populus files motion to dismiss CFPB enforcement action based on fact that CFPB has been unlawfully funded by Fed when it had no...

Ballard Spahr LLP on

We have previously blogged about an enforcement action brought on July 12, 2022 by the CFPB against Populus Financial Group, Inc., d/b/a ACE Cash Express, Inc. in Federal District Court for the Northern District of Texas...more

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