Under the 2009 CARD Act, 15 U.S.C. § 1666i-1, credit card issuers are generally prohibited from increasing annual percentage rates, fees, or finance charges. One exception to this rule, though, is for “an increase in a variable annual percentage rate in accordance with a credit card agreement that provides for changes in the rate according […]
David Eliiot claims Humana called him numerous times despite not being a Humana customer, and after he informed Humana that it had the wrong number. He brought a class action alleging this violated the TCPA. Humana opposed class certification on the grounds that whether individuals had actually consented to repeated calls was not ascertainable on […]
Just before the holidays, NY Governor Kathy Hochul signed the FAIR Business Practices Act, which expanded the protections for New York consumers under the state’s General Business Law–a move recommended by the pre-Vought CFPB. Among other things, the statute expands the enforcement powers of the state attorney general, both in terms of the entities and […]
The U.S. District Court for the District of Columbia on Tuesday issued an order confirming that the CFPB must continue to operate, smacking down the agency leadership’s recent efforts using re-interpretations of the Dodd-Frank Wall Street Reform and Consumer Protection Act to argue that the bureau would soon run out of funding. Following a Department […]
Just in time for Christmas, the Department of Education announced that, for the first time since the first Trump Administration stopped the practice in 2020, it would resume garnishing wages of borrowers in default on their federal student loans at the start of the new year. After red states successfully sued to stop modest debt […]
The Administration claims that the CFPB will have to shut down next year because it can’t ask the Federal Reserve for funds if the CFPB decides that the Federal Reserve isn’t operating at a profit (a claim being challenged in 3 different actions currently pending in federal district courts in California and the District of […]
The Seventh Circuit issued a decision in Milam v. Selene Finance today, an FDCPA case where the Court punted on the merits but addressed standing in a manner that may be notable for practitioners. Ramona Milam sued Selene Finance, the servicer of her home mortgage, after Selene sent her a letter threatening acceleration and foreclosure if […]
Here. The piece says that eliminating the CFPB: * * * put[s] the agency at odds with the Trump administration’s favorite way to counter the souring mood on the economy: offering cold, hard cash (think of “warrior checks” for service members and “Trump accounts” for babies). As of October, the bureau has dropped 22 pending […]
Today’s decision from the Third Circuit as to waiver of arbitration reflects some of the dangers raised by protracted delays in litigation. In 2014, Dawn Valli commenced a putative class action against Avis related to its practices related to fines and penalties incurred by car rental consumers. There were amendments and motions to dismiss over […]
After New York City enacted minimum pay rate laws for food delivery workers, DoorDash and Uber Eats changed the way tipping options appeared on its app — making it so tipping was not available until after a customer checks out. DoorDash claimed this would somehow “balance the impact” of new fees that it was charging […]