On July 19, 2018, the Federal Energy Regulatory Commission (FERC) issued a final rule (Order No. 848) directing the North American Electric Reliability Corporation (NERC) to develop and submit modifications to NERC Reliability Standards related to Cyber Security Incident reporting. FERC recognized
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FDCPA & Non-Judicial Foreclosures
In Obduskey v. McCarthy & Holthus LLP, the Supreme Court has agreed to hear an appeal from the Tenth Circuit over whether the provisions of the Fair Debt Collection Practices Act apply to non-judicial foreclosures. The Tenth Circuit held that
Defendant May Seek Indemnification of TCPA Claims from Intended Recipient
In Tucker v. Credit One Bank, the plaintiff filed suit after receiving hundreds of debt collection calls allegedly via an ATDS after informing Credit One they had reached the wrong number. In investigating the claims, Credit One determined that
Ninth Circuit dismisses putative FCRA class action based on lack of standing under Spokeo
In a recent opinion, the Ninth Circuit held a plaintiff lacked Article III standing under Spokeo for her complaint on behalf of herself and a putative class action alleging violations of the Fair Credit Reporting Act (“FCRA”) against the National
Eleventh Circuit: No waiver of arbitration rights despite waiting for class certification
In a win for defendants, the Eleventh Circuit recently held that a party does not waive its right to compel arbitration for the claims of unnamed class members even if it has waived that right as to the named class
Third Circuit Applies ACA on ATDS Issue Requiring Present Capacity
In Dominguez v. Yahoo!, Inc., the Third Circuit issued a precedential decision, requiring calling platforms have present—not potential—capacity to store or produce and call telephone numbers using a random or sequential number generator to constitute an “autodialer” under the Telephone Consumer
Southern District of New York finds CFPB Structure Unconstitutional
On June 21, Judge Loretta Preska of the Southern District of New York concluded that the Consumer Financial Protection Bureau (“CFPB”) is unconstitutionally structured. This decision marks the first time in which a court has reached this conclusion.
In Consumer
FCC Solicits Comments on Key TCPA Issues Post-ACA Int’l
Last week the D.C. Circuit issued its mandate in ACA Int’l v. FCC making that decision final. Not missing a beat, the FCC has already sought comments on key issues regarding the Telephone Consumer Protection Act (TCPA) left unclear in
Furnishers and CRAs Can Likely Expect Fewer and More Limited CFPB Investigations In Light Of Recent Guidance From Director Mick Mulvaney, But For How Long?
In 2010, Congress enacted the Dodd-Frank Act, which created the largely independent Consumer Financial Protection Bureau (“CFPB”) and empowered it with broad authority to investigate violations of consumer financial protection laws, including the Fair Credit Reporting Act (“FCRA”). Since then,
Applying Reyes: contractually controlling revocation of consent under the TCPA
Last week the District of Ohio, in Barton v. Credit One Financial, held that a consumer could not orally and unilaterally revoke consent under the Telephone Consumer Protection Act (TCPA) to be called once given contractually. Barton opened a credit