Consumer Finance Litigation Bulletin

Latest from Consumer Finance Litigation Bulletin

The Supreme Court issued its much-anticipated decision in Facebook v. Duguid , unanimously adopting a narrow definition of what constitutes an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA). The Court’s decision resolves the oft-contested issue
Continue Reading The Supreme Court Unanimously Adopts Narrow Definition of an Automatic Telephone Dialing System in Facebook v. Duguid, Significantly Changing the Landscape of TCPA Litigation

Since the Illinois Supreme Court held in Rosenbach v. Six Flags Entertainment Corp. in 2019 that a plaintiff need not show actual injury to bring an Illinois Biometric Information Privacy Act (“BIPA”) claim in state court, courts have seen a
Continue Reading <a href="/blogs/70813"><h3>Recent Illinois State and Federal Court Decisions Governing the Illinois Biometric Information Privacy Act</h3></a>

The Consumer Financial Protection Bureau (CFPB) released its final Advisory Opinions Policy (AOP) on Monday, November 30, setting forth procedures to facilitate the submission of requests for advisory opinions from it by interested parties. Simultaneously, the CFPB issued two advisory
Continue Reading <a href="/blogs/70561"><h3>The Consumer Financial Protection Bureau to Issue Advisory Opinions to Answer Interpretive Questions</h3></a>

On September 11, 2018, an interagency statement was issued by the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corp., the National Credit Union Administration and the Consumer
Continue Reading <a href="/blogs/69746"><h3>When Is Supervisory Guidance By Banking Regulators Not A Rule To Live By? When There Is A Rule That Says So.</h3></a>

A national lender, USAA Federal Savings Bank, entered into a consent order with the Office of the Controller of the Currency (“OCC”), which included an $85 million civil money penalty for alleged “unsafe or unsound” banking risk management, compliance processes,
Continue Reading Alleged SCRA and MLA Violations Lead To Lender Being Assessed A $85 Million Penalty Under OCC Consent Order

Since the outbreak of COVID-19, we have seen numerous class action lawsuits filed against companies for changing their refund policies to ones that have a negative impact on consumers or for not giving full monetary refunds for cancelled events or
Continue Reading Do Not Make Promises to Consumers that Cannot Be Kept: Look Out For Consumer Litigation For Failing to Honor Refund Policies

Saul Ewing Arnstein & Lehr’s Consumer Finance attorneys Trip Riley, Ryan DiClemente and Colleen Fox delivered a presentation about the CARES Act to the Women in Housing and Finance Professional Organization. The presentation covered the CARES Act’s mortgage payment forbearance
Continue Reading The CARES ACT: Forbearance to Deferment, RESPA Compliance, and Credit Reporting