Reed Smith has issued the first comprehensive white paper discussing the comments submitted in response to Treasury’s July 2015 Request for Information (RFI) on marketplace lending. The RFI, entitled “Public Input on Expanding Access to Credit through Online Marketplace Lending,” sought public comment on the FinTech business models applicable to online lending, the potential for
Definition of an Autodialer a Question for the Jury
A recent opinion from the Southern District of California suggests that now there is no bright-line rule regarding what qualifies as human intervention for purposes of determining whether an autodialer was used. In denying a motion for summary judgment filed by Yahoo, the court found that:
“there are genuine issues of fact as to whether
Supreme Court re Arbitration : Go Ask Your Congress
With its last opinion of 2015, the Supreme Court added DIRECTV v. Imburgia to the ever-growing line of decisions reversing California courts refusal to enforce provisions in arbitration agreements that barred class arbitration. Imburgia presents the Court’s second look at the hostility of California law to waivers of class wide arbitration. Three years ago, after
Refreshing Dismissal of ‘Silly’ TCPA Claim Against PayPal
On Thursday, October 29, 2015, the Ninth Circuit affirmed summary judgment of a proposed class action accusing PayPal of violating the Telephone Consumer Protection Act by sending users unsolicited text messages, following a hearing in which a judge said the claims were among the “silliest” he’s encountered. Opinion is available here: Roberts v. Paypal.
Plaintiff
10th Circuit Affirms Dismissal of Allegedly Fraudulent HAMP Modification Communications
On August 18, 2015, the Tenth Circuit upheld a Colorado district court’s dismissal of a South Carolina couple’s suit who accused Bank of America NA and others of systematically working to sabotage the Home Affordable Modification Program.
Specifically, the suit alleged that the defendants repeatedly used mail and wire communications to knowingly transmit false information
Class Counsel Lowers Fee Request in Chase TCPA Settlement
On August 17, 2015, following objections from several class members, counsel representing a class of customers in a suit alleging Chase Bank USA illegally called customer’s cellphones without their consent cut their request for fees in a proposed $34 million settlement by $1.5 million.
The attorneys said the $9.5 million, down from the original request
2nd Circuit Holds “Informational” Letter Sent in Attempts to Comply with REPSA was an Attempt to Collect Debt that Could Violate FDCPA
On August 12, 2015, the Second Circuit revived a putative class action alleging FCI Lender Services Inc. sent notices to mortgage borrowers appearing to initiate debt collections that did not comply with the Fair Debt Collections Practices Act.
FCI took over servicing of plaintiff’s and other mortgages from GMAC Mortgage LLC in 2012. Soon after,
7th Circuit Says Hospital Not Covered By FCRA
On August 10, 2015, the Seventh Circuit upheld a lower court’s dismissal of a proposed class action accusing Advocate Health and Hospitals Corp., of violating the Fair Credit Reporting Act by failing to safe keep health data stolen from its offices, saying the hospital isn’t a consumer reporting agency.
The FCRA defines a credit reporting
11th Circuit Says Statute of Limitations not Tolled by Earlier TCPA Suit
On August 3, 2015, the Eleventh Circuit ruled that a class action accusing Bob Wines Nursery Inc., of sending unsolicited faxes didn’t suspend the statute of limitations for a later-filed action, rejecting Plaintiff’s argument that because the first action never ruled on the class certification, the limitations was tolled.
In January 2010, Plaintiff Aero filed