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Big Loss for Quicken: Mortgage Origination Giant Stuck in Robocall Class Action After Court Refuses to Dismiss TCPA Claim

22 May 202025 May 2020
Mortgage origination giant Quicken is stuck in a putative TCPA class action after a Court refused to dismiss ATDS allegations--this is true although district courts in the Sixth Circuit Court…
Uncategorized

Court Refuses to Enforce “Time-Traveling” Arbitration Clause

21 May 202022 May 2020
Earlier this week, in Murray v. Grocery Delivery E-Services United States, CIVIL ACTION NO. 19-12608-WGY, 2020 U.S. Dist. LEXIS 87805 (D. Mass. May 19, 2020), a district court in Massachusetts…
Uncategorized

Things Are Rapidly Changing, But Something Stays the Same: Allegations of Fact Taken As True at the Pleading Stage

21 May 202022 May 2020
It almost seems that everything is changing so fast in these current days. When everyone is trying to keep up with the pace, I thought it might be worthwhile to…
Uncategorized

[FCRA] NEW BREACH RISK?: Experian is Collecting YOUR Behavioral Data and Claiming it is Beyond the Reach of FCRA—is it Right?

19 May 202014 Jul 2020
­­­­­­­What is behavioral data really? And where does it stand in relation to the FCRA? In this recent ruling out of the Central District of California, Tailford v. Experian Info.…
Uncategorized

The Purpose-Driven Pull: The Northern District of Illinois Reaffirms Debt Collection As A Permissible Purpose Under The FCRA

18 May 202018 May 2020
In Stewart v. Credit Control, LLC, 2020 U.S. Dist. LEXIS 81332, the Northern District of Illinois dismissed a pro se claim against a debt collector.  The plaintiff claimed that the…
Uncategorized

Stop, Do Not Pass Go: Federal Court Requires Employees to Pursue BIPA Claims in Arbitration and Before Adjustment Board

18 May 2020
The Illinois Biometric Information Privacy Act (“BIPA”) went into effect in 2008 and has been heavily litigated since.  This week a court held that airline workers who filed a putative…
Uncategorized

“Orpilla: The new face of forum avoidance?”

16 May 2020
In an odd turn of events, a plaintiff brings a putative class action for alleged violations of the Fair Credit Reporting Act (“FCRA”) but later claims that she has not…
Uncategorized

FCRA Case Addressing Definition of “Consumer Report” Headed to the Jury

15 May 202015 May 2020
In a recent single-plaintiff federal case in the Northern District of Georgia[1] alleging violations of the Fair Credit Reporting Act (the “FCRA”), the court helpfully explored the contours of what…
Uncategorized

Big FCRA Changes Ahead? HEROES Act Would Ban Reporting of Adverse Information During National Emergencies—But Is This Workable?

15 May 202020 May 2020
As noted earlier, a 1,815-page House bill has just been introduced that affords $3 trillion in relief to consumers and businesses impacted by COVID 19.  The bill (official title: the…
Uncategorized

Not Exactly Even–TCPA Defendant Recovers a Little over $1,000 in Costs After Defeating Years-Long Nationwide TCPA Class Action

13 May 202015 May 2020
A TCPA defendant faces the prospect of a nationwide class action of thousands of individuals seeking to recover (collectively) millions of dollars in statutory fines, attorneys' fees, and interest.  To…
Uncategorized

Seventh Circuit Joins Other Circuits In Finding FCRA Does NOT Require CRAs to Resolve Legal Defenses to Debt

13 May 2020
In Denan v. Trans Union LLC, 2020 U.S. App. LEXIS 14930 (7th Cir. May 11, 2020), the Seventh Circuit joined the First, Ninth and Tenth Circuits in holding that the…
Uncategorized

[FCRA] Collector Tries to Avoid FCRA Claim By Contending it was an Arm of the State of Missouri — it Did not Go Well.

11 May 2020
In Perkins v. MOHELA, 5:19-cv-01281-FB-HJB (W.D. Texas), Ms. Kanita Perkins sued Missouri Higher Education Loan Authority (“MOHELA”) and a handful of other defendants for violating the Fair Credit Reporting Act…

[FCRA] ALERT! Consumers Can Check Credit Reports Weekly For Free

11 May 202011 May 2020
In case you missed it, the big-3 Credit Reporting Agencies (Equifax, Experian, and TransUnion) issued a “joint action” that they are now offering free weekly credit reports to all Americans…
Uncategorized

BIPA Survives Huge Challenge: Seventh Circuit Holds That BIPA Violations Cause Injury Sufficient for Article III Standing

6 May 20207 May 2020
The Illinois Biometric Information Privacy Act (“BIPA”) went into effect in 2008 and since then has been heavily litigated in state and federal court.  There has been an emerging divide…
First Amendment

Archduke Feed: Squire Patton Boggs Senior TCPA Counsel Daniel Delnero Provides Live and Unscripted Analysis of TCPA SCOTUS Argument

6 May 20206 May 2020
Editor's Note: This is a live feed that will be updated continuously during the argument. If new content does not load, refresh or revisit the page for the latest updates.…
Uncategorized

What’s More Besides Social Distancing for Californians: Further Robocalls Leave Me Alone!

5 May 2020
Among several telecom and privacy bills responding to COVID-19 at today’ hearings before the California Assembly, the Communications and Conveyance Committee cleared an anti-robocalls bill – AB 3007 –  that…
Uncategorized

[FCRA] Employers Beware: Ninth Circuit Precedent Leads to Easy FCRA Disclosure Class Certification Win

4 May 2020
Employers beware.  Last week, a class certification win in Bebault v. DMG Mori USA, Inc., No. 18-cv-02373-JD, 2020 U.S. Dist. LEXIS 75538 (N.D. Cal. Apr. 29, 2020) reminds employers how…
Uncategorized

LOCKED IN: 11th Circuit Court of Appeals Holds Contractual Consent for Robocalls Cannot be Revoked–but TCPAWorld Remains Split on the Issue

4 May 20205 May 2020
It has been nearly three years since the Second Circuit Court of Appeals decided Reyes v. Lincoln Automotive Financial Services, 861 F. 3d 51(2nd Cir. 2017)--a neat and tidy ruling…
Uncategorized

[FCRA] BEWARE FCRA Dangers: Court Awards $400k in Attorneys’ Fees to Plaintiff After Trial Win—But Defendant Avoids Potential $165MM in Punitive Damages

1 May 20204 May 2020
FCRA cases can be dangerous. Potentially deadly. Especially when the FCRA plaintiff's counsel pros get a hold of you.One defendant recently found that out the hard way in a suit…
Uncategorized

Motion to Reopen Granted: RICO Claims Against TCPA Plaintiff May Proceed

1 May 20201 May 2020
In January 2020, Jacovetti Law, P.C., a law firm in Pennsylvania, filed a lawsuit against prolific TCPA filer, Blake Shelton, and his company Final Verdict Solutions, for allegedly inducing companies…
Uncategorized

Another Stay Granted Pending Supreme Court TCPA Decision

30 Apr 2020
Today, the federal court for the Southern District of Florida dropped a paperless order in Doyle v. Florida Health Solution, Corp. 1:19-cv-24013-DPG.  The Defendant filed a motion to dismiss or…
Uncategorized

[FCRA] Unfair Attack?: 23 State AGs Blast CFPB’s COVID-19 FCRA Response—But is the Criticism Justified?

29 Apr 20201 May 2020
A coalition of 23 attorneys general are upset with the Consumer Financial Protection Bureau (“CFPB”). Really upset. On April 1, 2020, the CFPB issued a policy statement that it intended to relax…

[FCRA] A Bridge Too Far: Ninth Circuit Rejects Former Employee’s “Novel” Interpretation of the FCRA

28 Apr 2020
Last week, in Luna v. Hansen & Adkins Auto Transp., Inc., 2020 U.S. App. LEXIS 13215  (9th Cir. Apr. 24, 2020), the Ninth Circuit rejected a former employee’s argument that…
Uncategorized

[FCRA] THIS IS BIG– Fifth Circuit Agrees that a Furnisher Does Not Have to Go Beyond ACDV in Reinvestigation

28 Apr 202028 Apr 2020
  EDITOR’S NOTE: SQUIRE PATTON BOGGS WILL SOON BE LAUNCHING A NEW FAST-PACED AND EXCITING BLOG EXPANDING BEYOND TCPA TO SHOWCASE ITS TREMENDOUS DEPTH IN ISSUES OF FCRA, BIPA, CCPA…
Uncategorized

4/20 Ruling: Marketer Can Be Liable For Dispensarys’ TCPA Violations

24 Apr 202027 Apr 2020
On April 20, 2020, the Northern California district court ruled on corporate awareness, corporate parenthood, and tcpa compliance for cannabis. The rulings, and the opinion's timing, has nothing to do…
Uncategorized

RICO Claim Update: Navient Beats the Lohman Law Firm Again–Court Determines Crime/Fraud Exception Permits Disclosure

23 Apr 202027 Apr 2020
The saga builds! To summarize our previous coverage: Navient has turned the tables and sued a plaintiff firm – The Lohman law firm - for allegedly coaching clients to bilk…
Uncategorized

[FCRA] No Target Moving: FCRA Plaintiff Cannot Sue to Remedy Inaccurate Reporting Not Raised in Original Dispute to Reporting Agencies

22 Apr 2020
EDITOR’S NOTE: SQUIRE PATTON BOGGS WILL SOON BE LAUNCHING A NEW FAST-PACED AND EXCITING BLOG EXPANDING BEYOND TCPA TO SHOWCASE ITS TREMENDOUS DEPTH IN ISSUES OF FCRA, BIPA, CCPA AND…

[FCRA] Creditors Walk a Fine Line When Communicating With a Debtor During and After Bankruptcy

22 Apr 2020
EDITOR’S NOTE: SQUIRE PATTON BOGGS WILL SOON BE LAUNCHING A NEW FAST-PACED AND EXCITING BLOG EXPANDING BEYOND TCPA TO SHOWCASE ITS TREMENDOUS DEPTH IN ISSUES OF FCRA, BIPA, CCPA AND…
Uncategorized

[FCRA] Split Personalities: Government Immune From FCRA Suit, Maybe Not?

22 Apr 202022 Apr 2020
EDITOR’S NOTE: SQUIRE PATTON BOGGS WILL SOON BE LAUNCHING A NEW FAST-PACED AND EXCITING BLOG EXPANDING BEYOND TCPA TO SHOWCASE ITS TREMENDOUS DEPTH IN ISSUES OF FCRA, BIPA, CCPA AND…
Uncategorized

Chase Scores $250,000 Against TCPA Plaintiff Firm

22 Apr 202023 Apr 2020
Chase Bank has marked its territory in TCPAWorld.com!  Last year, Chase was sued in New Jersey for alleged auto-dialer violations. Chase answered by asserting an unclean hands defense.  Chase pursued…
Uncategorized

Statutory Penalties and Prospective Injunction Not Covered By Insurance in TCPA Case

21 Apr 2020
Getting hit with a $280 million judgment and a prospective injunction against future telemarketing practices is bad enough, but not getting insurance coverage to pay for the defense of the…
Uncategorized

No Constitutional Relief: Court Refuses to Reduce $267 Million Award on Due Process Grounds; Awards $89 million in attorney’s fees

20 Apr 202023 Apr 2020
Last year a $267 million dollar judgment was entered in Perez v. Rash Curtis & Assocs., Case No. 4:16-cv-03396-YGR, 2020 U.S. Dist. LEXIS 68161, (N.D. Cal. April 17, 2020) against…
Uncategorized

[FCRA] No Actual Leg to Stand On: Seventh Circuit Affirms Dismissal of Consumer’s FCRA Suit and Experian’s Counterclaim for Lack of Article III Standing

20 Apr 2020
EDITOR’S NOTE: SQUIRE PATTON BOGGS WILL SOON BE LAUNCHING A NEW FAST-PACED AND EXCITING BLOG EXPANDING BEYOND TCPA TO SHOWCASE ITS TREMENDOUS DEPTH IN ISSUES OF FCRA, BIPA, CCPA AND…

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