Posts tagged burr forman.

John Chiles and Zach Miller were recently published in the American Bar Association's The Business Lawyer (Vol. 70, No. 2) with an article titled TCPA Litigation Developments: Inconsistent Federal Court Decisions Headline a Hectic Year. The article highlights important decisions issued by U.S. federal courts addressing the Telephone Consumer Protection Act ("TCPA") during 2014. Of particular importance is the Eleventh Circuit's opinion on revocation of consent and the meaning of "called party" in Osorio v. State Farm Bank, F.S.B., 746 F.3d 1242 (11th Cir. 2014). Other topics ...

In Charvat v. Mutual First Federal Credit Union, 2013 WL 3958300 (8th Cir. Aug 2, 2013), the Eighth Circuit Court of Appeals held that actual damages in the form of an economic injury is not required to confer standing under the Electronic Fund Transfer Act ("EFTA"), 15 U.S.C. § 1693. The plaintiff sought statutory damages in a putative class action, alleging that the defendants failed to provide the required notices on their ATM's before charging him a transaction fee for withdrawing cash. The EFTA prohibits charging a transaction fee unless the ATM provides notice of the fee on both ...

Posted in: EFTA, Eighth Circuit

In Jamison v. First Credit Services, Inc., 2013 WL 3872171 (N.D. Ill. July 29, 2013), the U.S. District Court for the Northern District of Illinois denied a motion for reconsideration filed by Plaintiff. Plaintiff's motion asked the court to reconsider its earlier denial of class certification of a Telephone Consumer Protection Act ("TCPA") action. Jamison involves an alleged violation of the TCPA after a debt collector, acting on behalf of American Honda Finance Corporation, allegedly called Plaintiff's cellular telephone multiple times without consent. Plaintiff filed a ...

For the past several years, both federal and state courts around the country have been bombarded with lawsuits filed by consumers against banks, credit card companies, mortgage servicers, debt buyers and collectors, payday lenders and numerous other business entities providing consumer finance products and services. Much of this litigation finds its origin in the worldwide economic decline that began in December 2007 and the subsequent governmental response to the decline. That governmental response has included increased enforcement of existing consumer finance laws, as ...
Posted in: Dodd-Frank Act
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