Posts from May 2018.

In the wake of the D.C. Circuit's ruling in ACA International v. Federal Communications Commission, 885 F.3d 687 (D.C. Cir. 2018), which struck down the FCC's interpretations of "automatic telephone dialing system" ("ATDS") under the TCPA as "unreasonably, and impermissibly, expansive," courts are reevaluating what it takes to qualify as an ATDS under the statute. In Maddox v. CBE Group, Inc., No. 1:17-cv-1909-SCJ (N.D. Ga. May 22, 2018), the Northern District of Georgia found the defendant's calling equipment required human intervention to place calls, and thus did not qualify ...

On May 22, 2018, the U.S. House of Representatives passed S. 2155, titled The Economic Growth Regulatory Relief and Consumer Protection Act ("Act"). This was the penultimate legislative hurdle for the Act, which now only requires the President's signature to become law. The President is expected to sign the Act into law in the very near future.

The Act has a number of important regulatory relief provisions governing the lending and banking industry including:

  • Reduces the level of regulatory oversight by the Financial Stability Oversight Counsel (FSOC) for banks with between ...
Posted in: FCRA, TILA

In Barton v. Credit One Financial d/b/a Credit One Bank, No. 16CV2652, 2018 WL 2012876, (N.D. Ohio April 30, 2018), the Northern District of Ohio followed the Second Circuit's decision in Reyes v. Lincoln Automotive Financial Services, 861 F.3d 51 (2d Cir. 2017), and held that a plaintiff who consented to receiving telephone calls as part of a credit card application could not unilaterally revoke that consent.

The plaintiff, Carlton Barton, Jr. ("Plaintiff"), filed a lawsuit claiming that Credit One Financial d/b/a Credit One Bank ("Credit One") violated the Telephone Consumer ...

Posted in: TCPA
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