The case is Reyes v. Lincoln Autmotive Financial Service, and it conflicts with decisions of the Third and Eleventh Circuits. The TCPA has come in for increasing attention lately, with a recent hearing in Congress discussing possible amendments to the statute. (HT: Gregory Gauthier)
Here, in the Consumer Finance Monitor. Alan also notes that the rule can be blocked by congressional invocation of the Congressional Review Act, litigation, or, if Cordray does indeed step down, by a new Trump-appointed director.
by Paul Alan Levy Ever since Eugene Volokh and I started writing last year about the phenomenon of “fake defamation litigation” — lawsuits filed to suppress online criticism while ensuring that the person whose speech is to be suppressed never has a chance to persuade the court not to issue an injunction — the greatest […]
by Jeff Sovern Our consumer law casebook strives to present a balanced approach, so I am always on the lookout for writings that present debt collectors favorably. In that regard, The Economist recently published In praise of America’s third-party debt collectors. Here's an excerpt: A provocative new paper by Julia Fonseca, of Princeton University, and Katherine Strair and Basit Zafar, […]
The headline reads Trump to Cordray: You’re Not Fired. It argues that the Treasury Report has made a strong case for firing the CFPB director.
So Law360 reports here. The jury apparently found that Transunion did not follow reasonable procedures to assure maximum possible accuracy, as required under FCRA 1681e, when it reported that consumers' names matched those on a government watch list for terrorists and criminals.
by Jeff Sovern Here. Disclosure: I was one of the podcast speakers.
by Jeff Sovern Yesterday, SCOTUS decided the Bristol-Meyers case, limiting the power of state courts to exercise specific personal jurisdiction over out-of-state defendants in cases brought by out-of-state plaintiffs. State courts can still hear cases, including nationwide class actions, through their general jurisdiction over defendants, as long as the defendant is essentially at home in […]