In recent legal developments, the Inflation Reduction Act (“IRA”) — known for its inherent intent to target and address surging drug prices — has been subject to multiple legal challenges. It all kicks off in the wake of the United States Health and Human Services (“HHS”) agency announcing the first ten drugs to be included…
In a significant development for consumer data protection in the United States, the Delaware Personal Data Privacy Act (DPDPA) became law on September 11, 2023. This adds Delaware to the growing list of states that have enacted comprehensive consumer data privacy laws, which now includes California, Virginia, Colorado, Connecticut, Utah, Iowa, Indiana, Tennessee, Montana, Florida,…
In today’s digital age, social media occupies the core of all business activities, leading to the emergence of influencers as key players in marketing. They hold substantial sway over their followers and the brands that they stand for. This tremendous influence has led governments worldwide to realize the necessity of regulating influencer activities, both to…
In a unanimous en banc judgment, the Eleventh U.S. Circuit Court of Appeals reversed its previous jurisprudence, holding that the receipt of a solitary text message is enough grounds to establish Article III standing in respect to a Telephone Consumer Protection Act (TCPA) lawsuit. This compelling development was reported by Manatt, Phelps & Phillips, LLP….
The Seventh U.S. Circuit Court of Appeals has made a significant ruling related to the Federal Communications Commission (FCC) guidance, specifically questioning its guidance addressing the Territory Consumer Protection Act (TCPA). The court took a different stance than the FCC, primarily on the matter of whether or not faxes offering a “free dinner” violated TCPA…
On September 7, the Consumer Financial Protection Bureau (CFPB) released an issue spotlight examining the integral role mobile device operating systems perform in shaping consumer’s payment choices. This issue seems to have emerged amidst the continued shift towards the use of contactless payments on mobile devices such as smartphones and wearables. Given the abundantly available…
In what is a developing legal scenario related to medical payment products, Rob Bonta, the Attorney General for California, recently responded to the joint Request for Information (RFI) issued by several federal agencies. The Consumer Financial Protection Bureau (CFPB), U.S. Department of Health and Human Services, and the U.S. Department of Treasury first issued the…
Every year, countless individuals in Florida and beyond suffer as a result of defective consumer products. The fallout from such incidents can range from minor inconveniences to serious injuries and, in the most severe cases, even wrongful death. Moreover, product liability claims are vast in their complexity, involving a variety of defendants and claim types….
After the fallout of Facebook v. Duguid, many have waited anxiously to observe how district courts would interpret the Supreme Court’s clarified definition of an automatic telephone dialing system (ATDS). The case took the spotlight due to its severe implications under the Telephone Consumer Protection Act (TCPA). This development comes as part of Manatt’s consistent…
In a recent decision, the US District Court for the Eastern District of Texas overruled a previous policy by the Consumer Financial Protection Bureau (CFPB). On September 8, 2023, the court decided that the CFPB had exceeded its authority when it had issued a new policy describing certain discriminatory behaviours and practices relating to noncredit…
In a recent development, the 4th Circuit Court has held that offering a free eBook could potentially violate the Telephone Consumer Protection Act (TCPA)’s prohibition on “unsolicited advertisements”. The ruling pertains to PDR Network’s distribution of the Physicians’ Desk Reference, “a compilation of medical prescribing information for certain prescription drugs“, which is frequently employed by…
The legal and policy nuances surrounding the Real Estate Settlement Procedures Act’s (RESPA) anti-kickback provisions have been under highlighted scrutiny in recent months, with the Consumer Financial Protection Bureau (CFPB) taking a noticeably vigilant stance. A significant example of CFPB’s rigorous approach is the $1.75 million civil penalty issued against a non-bank mortgage company and…
California is taking initiative yet again with new potential regulations surrounding privacy, cybersecurity, as well as artificial intelligence (AI). This progression includes several noteworthy elements such as alterations in the California Consumer Privacy Act (CCPA) rulemaking process as well as the launching of a novel generative AI effort. Here, we will discuss the updated developments…
In an unusual twist to a lawsuit that originated under the Telephone Consumer Protection Act (TCPA), a plaintiff’s inability to appropriately name the defendant resulted in the dismissal of the action. This dismissal by a New Jersey federal court was more than just a temporary setback for the plaintiff; it was with prejudice, signalling a…
In the ever-fluctuating realm of financial protection, the Consumer Financial Protection Bureau’s (CFPB) Summer 2023 Supervisory Highlights serve as a crucial guidepost. Focusing on their primary findings from July 2022 through March 2023, the report draws our attention to the CFPB’s vigorous interpretations of its empowering authority. The CFPB has been leveraging its “dormant” authority…
The legal serpentines of the global corporate landscape continued this week, most notably with Booking Holdings squarely at the receiving end of a formal investigation in Hungary. According to information shared recently by Foster Garvey PC, this multinational online travel agency, whose portfolio includes Booking.com, Priceline.com, and Kayak, among others, is facing heightened scrutiny from…
On September 11, the Consumer Financial Protection Bureau (CFPB) issued a consent order against Tempoe, LLC, a nonbank consumer finance company. Tempoe has been allegedly violating various regulations including the Consumer Financial Protection Act (CFPA), Consumer Leasing Act, and Regulation M. On that same day, it was made public that Tempoe had also agreed to…
In a significant ruling that emphasizes the potential gravity of non-compliance with discovery requests, the district court in the Northern District of West Virginia upheld a default judgement of over $828,000 in a case governed by the Telephone Consumer Protection Act (TCPA). The case implicates individuals as well as corporate entities alleged to have committed…
The Consumer Bankers Association (“CBA”) has recently expressed its view on the proposed changes by the Consumer Financial Protection Bureau (“CFPB”) on the definition of a credit report. In a letter addressed to the CFPB, the CBA detailed the information that banking institutions typically utilize for identity verification and fraud prevention, and discussed the potential…
In the evolving landscape of digital transactions, the U.S. payments system saw a significant development in July 2023 with the launch of the Federal Reserve’s instant payments system, FedNow. Considerations around its design features, pricing schedule, and potential for broader use within the financial community, particularly community banks, have been brought into focus since. These…
Last week, a development occurred concerning a legal battle shaking up the financial sector as three farm credit trade associations, namely the Farm Credit Council, Texas Farm Credit, and Capital Farm Credit, known collectively as “Farm Credit Intervenors”, entered the fray. This development comes in the form of unopposed emergency motions for leave to intervene…
On September 1, 2023, an Illinois federal court made a discerning ruling that may result in punitive outcomes for lead generator companies and their executives who violate telemarketing rules. Brought to attention by the case of Federal Trade Commission v. Day Pacer LLC, et al, the ruling elucidates that Day Pacer (f/k/a EduTrek) and its…
As the Federal Credit Reporting Act (FCRA) continues to evolve, so too does the Consumer Financial Protection Bureau’s (CFPB) approach to rulemaking. In a recent three-part series on the Consumer Finance Podcast, key contributors to the conversation explore the expected changes in CFPB’s regulation, offering insights that could reshape business strategies across all sectors. In…
With the Fair Credit Reporting Act (FCRA) looming in the world of legal regulations, the Consumer Financial Protection Bureau (CFPB) has been planning on proposing new rules under it. This was discussed in a three-part special series – CFPB’s Rulemaking Under FCRA Part 2 in the FCRA Focus Podcast. The second episode is seen as…
Former executive director of the American Bar Association (Jack Rives) transitioned to legal services company Rocket Lawyer, assuming the role of president of the newly created Rocket Legal Professional Services sector. He brings to the table a rich history with the American Bar Association, spanning 12 years, and an agenda to drive Rocket Lawyer’s endeavors…