Jason E. Manning

Jason specializes in representing banks and loan servicers in class action and individual cases.

Firm/Organization: Troutman Sanders LLP

Blogs: Consumer Financial Services Law Monitor

Latest Articles

Consumer Financial Services Law Monitor

Defendants Win TCPA Class Action Trial, But Lose to Claims Anyway?

By Jonathan Kenney & Jason E. Manning

November 27, 2019

Never before has a defendant won a trial in a certified Telephone Consumer Protection Act case. Astonishingly, this losing streak finally came to an end this month in Lyngaas v. Curaden AG, et al., where defendants Curaden AG and Curaden USA convinced the Court during the bench trial of a certified TCPA junk fax class case that class plaintiff Brian Lyngaas’s key piece of evidence was inadmissible. However, the wind quickly was taken out…

Consumer Financial Services Law Monitor

Court Rules that CFPB Can Seek Information Originally Sought in Civil Investigative Demand from Third Parties

By Allison Melton & Jason E. Manning

November 5, 2019

In August 2017, the Consumer Financial Protection Bureau issued a Civil Investigative Demand (“CID”) to Libre by Nexus, Inc. and Nexus Services, Inc. (collectively, “Nexus”) seeking documents and information to investigate whether the companies were engaging in any unfair or deceptive business practices prohibited by the Consumer Financial Protection Act of 2010. Nexus’ business model is to help immigration detainees post bonds while they wait for immigration hearings. However, as a condition of the bond, Nexus…

Consumer Financial Services Law Monitor

Judge Rules Predictive Dialers Are Not Always ATDSs

By Jonathan Kenney & Jason E. Manning

August 22, 2019

IP phones for office on store — IP phones for office on the store shelves

This month a Pennsylvania district court judge granted summary judgment in favor of a defendant accused of violating the Telephone Consumer Protection Act, finding that despite the fact that the defendant used a predictive dialer, that dialer was not an automated telephone dialing system, or “ATDS,” as required to establish liability. In Smith v. Navient Solutions, LLC, plaintiff Gregory Smith co-signed a student loan for his daughter that subsequently went into default. Smith initially…

Consumer Financial Services Law Monitor

U.S. Government Wins Lawsuit Against Student Loan Collection Companies, Paving Way for Big Changes to Federal Student Loan Servicing Industry

By Allison Melton, Jason E. Manning & David N. Anthony

August 5, 2019

A recent ruling by the U.S. Court of Federal Claims has made it more likely that an ambitious overhaul of the federal student loan servicing industry will be forthcoming. As background, the U.S. Department of Education has announced plans to make sweeping changes to the student loan industry by requiring that its loan servicers be able to service the loans throughout the loan’s entire life cycle, from origination to payoff. The plan, called Next Generation…

Consumer Financial Services Law Monitor

Medical Software Company Settles Multi-State Lawsuit Alleging HIPAA Violations After Data Breach

By Allison Melton & Jason E. Manning

June 5, 2019

On May 29, medical software company Medical Informatics Engineering, Inc. and its subsidiary NoMoreClipboard, LLC settled a first-of-its-kind lawsuit brought by several state attorneys general alleging violations of the Health Insurance Portability and Accountability Act following a data breach. The multi-state lawsuit, filed in the U.S. District Court for the Northern District of Indiana, alleged that the defendants fell short of their obligations under HIPAA and various state laws to maintain the security of private…

Consumer Financial Services Law Monitor

OCC Identifies Financial Innovation as Special Topic in Emerging Risks

By Jonathan Kenney & Jason E. Manning

May 29, 2019

In its Spring 2019 publication Semiannual Risk Perspective, the Office of the Comptroller of the Currency highlights financial innovation and rapid technological developments as a special topic in emerging risks to the banking industry. The OCC’s report zeroes in on the various approaches to innovation that federal banks have adopted, including the pooling of resources to share costs associated with new technologies, increasing reliance on third-party vendors or fintechs, and adoption of a slower “wait-and-see”…

Consumer Financial Services Law Monitor

Seventh Circuit Recognizes That FDCPA’s Bona Fide Error Defense “Doesn’t Demand Perfection”

By Allison Melton & Jason E. Manning

May 5, 2019

In Abdollahzadeh v. Mandarich Law Group, LLP, the Seventh Circuit affirmed summary judgment for a debt collector under the Fair Debt Collection Practices Act, finding that its procedures to prevent the collection of a time-barred debt were reasonable enough to support a bona fide error defense. As background, a consumer opened a credit card account in 1998. He defaulted, with his last full payment made in August 2010. In June 2011, the consumer attempted to…

Consumer Financial Services Law Monitor

West Virginia Governor Signs HB 4285 Amending Provisions of Safe Mortgage Licensing Act

By Marie Hervey & Jason E. Manning

May 2, 2019

On March 22, 2018, the Governor of West Virginia signed into law HB 4285, which amends select provisions of the West Virginia Safe Mortgage Licensing Act (“WVSMLA”). The Bill makes three changes to the WVSMLA, which regulates the licensing requirements for mortgage loan originators. First, the Bill increases the state license application fee, which appears in section 31-17A-4, from $50 to $200. Second, the Bill increases the number of training hours required to meet the prelicensing education…

Consumer Financial Services Law Monitor

West Virginia Governor Signs HB 3143 Amending Provisions of the Consumer Credit Protection Act

By Marie Hervey, Jason E. Manning & David N. Anthony

May 2, 2019

Flag of West Virginia — West Virginia flag waving in the wind. Elaborate rendering including motion blur and even a fabric texture (visible at 100%).

On March 22, 2018, the Governor of West Virginia signed into law HB 3143, which amends select provisions of the West Virginia Consumer Credit Protection Act (WVCCPA). First, the Bill amends section 46A-4-101 to clarify that the licensing provisions of the WVCCPA do not apply to any “collection agency” as defined by the Collection Agency Act of 1973, W. Va. Code. §§ 47-16-1 et seq. Second, the Bill amends section 46A-4-107 by increasing the dollar…

Consumer Financial Services Law Monitor

California State Legislature Advances Amendments to California Consumer Privacy Act

By Jonathan Kenney, Jason E. Manning & David N. Anthony

April 29, 2019

In a move that some consumer advocates worry will erode the notoriously stringent requirements of the California Consumer Privacy Act, the California state legislature’s Privacy and Consumer Protection Committee held a hearing this week where it advanced five different bills that amend and potentially weaken the statute. The bills advanced include the following: Assembly Bill 25 that would change the definition of a “consumer” within the CCPA to exclude individuals whose information was collected during…

Jason E. Manning

Defendants Win TCPA Class Action Trial, But Lose to Claims Anyway?

Court Rules that CFPB Can Seek Information Originally Sought in Civil Investigative Demand from Third Parties

Judge Rules Predictive Dialers Are Not Always ATDSs

U.S. Government Wins Lawsuit Against Student Loan Collection Companies, Paving Way for Big Changes to Federal Student Loan Servicing Industry

Medical Software Company Settles Multi-State Lawsuit Alleging HIPAA Violations After Data Breach

OCC Identifies Financial Innovation as Special Topic in Emerging Risks

Seventh Circuit Recognizes That FDCPA’s Bona Fide Error Defense “Doesn’t Demand Perfection”

West Virginia Governor Signs HB 4285 Amending Provisions of Safe Mortgage Licensing Act

West Virginia Governor Signs HB 3143 Amending Provisions of the Consumer Credit Protection Act

California State Legislature Advances Amendments to California Consumer Privacy Act

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