In Midland Funding, LLC v. Johnson, 137 S.Ct. 1407 (2017), the U.S. Supreme Court held that filing a proof of claim for a debt subject to a limitations defense does not violate the FDCPA, at least in the vast
Few decisions in the world of the Telephone Consumer Protection Act (“TCPA”) have been more awaited than Facebook, Inc. v. Duguid, 592 U.S. — (2021). There, the Supreme Court of the United States (“SCOTUS”) wrestled with the ultimate TCPA
On March 17, 2021, Governor Gavin Newsome, Attorney General Xavier Becerra, Senate President pro tem Toni Atkins, and Assembly Speaker Anthony Rendon announced the members of the California Privacy Protection Agency (CPPA) the new administrative agency created by the California
California Attorney General Issues Additional CCPA Regulations Advancing Consumer Protections
On March 15, 2021, the California Attorney General (“AG”) approved additional CCPA regulations to enhance consumer protections for opting out of the sale of information. These regulations come after the
In early November, we wrote about a new Eleventh Circuit decision on Article III standing law which directly held that it was not enough to allege a statutory violation and instead there must be a concrete injury to sustain an
This Tuesday, the United States Court of Appeals for the Eleventh Circuit reversed course on an emerging trend of case law concerning the ascertainability standard for class actions under Fed. R. Civ. P. 23, holding proof of administrative feasibility in
Last night, Congress passed a new COVID-19 stimulus package containing an important amendment to the CARES Act which should foreclose any possibility the Plaintiffs in the Agent Fee class actions currently pending across the country can successfully argue banks must
Twice this year, Balch & Bingham reported on the wave of “Agent Fee” class actions against lenders who made PPP loans under the CARES Act. At one point, there were over sixty such lawsuits spread across the federal courts, alleging
This past June, in Barnes v. U.S. National Bank, No. 2180699, the Alabama Court of Civil Appeals held that a mortgagee’s notice of acceleration failed to strictly comply with the notice provisions contained in Paragraph 22 (“Paragraph 22”) of the
Earlier this year, Balch & Bingham reported on the dismissal of one of the first class actions challenging financial institutions for charging multiple “overdraft” or not sufficient funds (“NSF”) fees for the same transaction or “item.” In these cases, Plaintiffs
