Posts from October 2017.

On October 20, 2017, the Second Circuit Court of Appeals denied a petition for panel rehearing, or in the alternative, for rehearing en banc of its decision in Reyes v. Lincoln Automotive Financial Services, 861 F. 3d 51 (2d Cir. 2017). By denying the petition for rehearing, the Second Circuit implicitly affirmed its holding that the TCPA does not permit a party to a bilateral contract to unilaterally revoke a contractual provision in which the party consented to receive calls.

In the underlying appeal, the plaintiff, Alberto Reyes, Jr. ("Reyes"), argued that the defendant, Lincoln ...

Posted in: TCPA

In Belle Meade Title & Escrow Corp. v. Fifth Third Bank, et al., No. 3:17-cv-874, ECF No. 26, --- WL ---- (M.D. Tenn. Oct. 17, 2017), a federal district court granted Regions Bank's motion to dismiss the claims against it, recognizing -- in a case of first impression -- that banks do not owe a duty of care to non-customers under Tennessee law.

The plaintiff, Belle Meade Title & Escrow Corporation, is a title company that claimed to be the victim of a fraudulent check-floating/wire-transfer scheme. The plaintiff had received a check for approximately $400,000, which was drawn on an account ...

Posted in: Tennessee

After months of wrangling, the U.S. Senate voted to pass substantive and impactful legislation on Tuesday evening regarding the Consumer Financial Protection Bureau. On July 10, 2017, the Bureau released one of its most controversial and impactful rules to date, prohibiting certain types of arbitration agreements in contracts between consumers and certain financial services companies. Against strong industry disapproval and pushback, the Arbitration Rule reflected the Bureau's focused determination to overhaul the use of consumer arbitration and to ban reliance on ...

Posted in: Arbitration
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