Anna Zarndt

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Anna Jane is an attorney in the Financial Services Litigation practice, whose focus includes the representation of clients in consumer law and commercial litigation. Her commercial bank litigation experience includes contractual breach, fraud and non-discharge cases, and representing creditors and debtors in matters relating to bankruptcy protection.

Latest Articles

On May 16, Commissioner Michael O’Rielly of the Federal Communications Commission issued incendiary remarks aimed at mobilizing all industries impacted by the “perpetual legal limbo” that is the current state of Telephone Consumer Protection Act interpretation and litigation.  Speaking at the ACA International Conference, O’Rielly called for businesses to increase pressure on the agency to act in response to the litigation “mess” that has been caused by widespread uncertainty over how to interpret the TCPA.…
A recent decision in Cunningham v. Montes, 16-cv-761-jdp, 2019 U.S. Dist. LEXIS 74721 (W.D. Wisc. May 3, 2019) has companies and their business owners that provide telephone dialing services on the edge of their seats. Why? Well, in this case the business owner was personally sued for Telephone Consumer Protection Act violations made by his customers—mostly local politicians—who used his website-based autodialer platform to send messages of their own to lists of their own targets.  …
The Eastern District of Texas recently adopted a report from Magistrate Judge Christine A. Nowak finding that the Court lacked personal jurisdiction over an attorney and law firm in a pro se plaintiff’s Telephone Consumer Protection Act lawsuit.  The case is Cunningham v. Mark D. Guidubaldi & Assocs., 2019 U.S. Dist. LEXIS 38652 (E.D. Tex. Jan. 11, 2019). The TCPA suit was filed by Craig Cunningham, a Tennessee serial plaintiff who calls himself a“debt collection…
2018 was a busy year in the consumer financial services world. As we navigate the continuing heavy volume of regulatory change and forthcoming developments from the Trump administration, Troutman Sanders is uniquely positioned to help its clients successfully resolve problems and stay ahead of the compliance curve.   In this report, we share developments on consumer class actions, background screening, bankruptcy, FCRA, FDCPA, payment processing and cards, mortgage, auto finance, the consumer finance regulatory landscape, cybersecurity…
In December, Judge Robert D. Mariani denied Navient’s motion to dismiss a lawsuit filed by the Commonwealth of Pennsylvania, ruling that the suit is not pre-empted by a similar case filed against the company by the Consumer Financial Protection Bureau.  In the suit, the Commonwealth seeks to hold Navient liable for student loan collection activity that allegedly harmed borrowers both in Pennsylvania and nationwide. Specifically, the Commonwealth alleges that Navient committed a variety of abusive…
On December 14, the U.S. District Court for the Northern District of California dismissed a proposed Telephone Consumer Protection Act class action against Agoda Company Pte., ruling that the subject text message was not an advertisement for Agoda’s app. Agoda runs a worldwide hotel reservation service that customers can use through the company’s website or through its smartphone app.  The suit, brought by consumer An Phan, was initially filed in state court but was removed…
Early this month, in Smith v. Rite Aid Corporation, 2018 WL 5828693 (W.D.N.Y. Nov. 7, 2018), the district court declined to rule that pharmacy prescription reminder calls come within the statutory emergency purposes exception to Telephone Consumer Protection Act restrictions, causing some uncertainty as to whether health care notifications may be sent via text message or automated reminder calls. The decision is already being criticized for its failure to account for the FCC’s prior acknowledgement…
On Friday, October 26th the Ninth Circuit upheld the Central District of California’s dismissal of plaintiff Jalen Epps’s First Amended Complaint for Earth Fare, Inc.’s alleged violation of the TCPA and California’s Unfair Competition Law. Epps is considered an “Opt-Out evader”—she has multiple suits pending against retailers with identical allegations. She consents to receiving text messages from various retailers, only to respond to the text messages with verbose sentences like “I’m simply asking for texts…
The Federal Trade Commission (FTC) announced in mid-July that it conducted the first compliance sweep of car dealerships since the effective date of its revised Used Car Rule requiring the use of a new Buyer’s Guide sticker. The sweep occurred between April and June 2018 in 20 cities nationwide. The FTC partnered with 12 agencies in seven states to ensure dealers are displaying a revised version of the Buyer’s Guide, which contains warranty and other…
While the world eagerly awaits the D.C. Circuit’s forthcoming ruling on the proper interpretation of the Telephone Consumer Protection Act (TCPA), a recent federal court ruling imposing tens of millions of dollars of liability is a reminder of the risks associated with outbound calling activities and of the stakes at play in the ACA International appeal. The appeal includes challenges to multiple pillars to the FCC’s prior interpretations of the TCPA that have helped fuel…