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In Derosa v. CAC Financial Corp., Case No. 17-3189, 2018 WL 5344906 (2nd Cir. October 29, 2018), the Court of Appeals for the Second Circuit held in an unpublished decision that a dunning letter is deceptive under the FDCPA for failing to state that interest will and fees will accrue only if, in fact, interest and fees actually will and… Read More

In Lee v. Branch Banking & Trust Company, Civ No. 18-21876-CIV-Scola, 2018 WL 5633995 (S.D. Fla. Oct. 31, 2018), Judge Scola held that the SCOTUS’ decision in Bristol-Meyers did not bar the exercise of jurisdiction over non-resident putative class members in a TCPA class action. Next, BB&T argues that the Supreme Court’s recent decision in Bristol-Myers bars the Court from… Read More

In Self-Forbes v. Advanced Call Center Technologies, LLC, Case No. 16-15804, 2018 WL 5414613 (9th Cir. October 29, 2018), the Court of Appeals for the Ninth Circuit in an unpublished decision reversed the District Court’s grant of summary judgment to a TCPA defendant on the basis that the Plaintiff testified that she orally revoked consent to be called. We have… Read More

In Whitehead v. Ocwen Loan Servicing, LLC, Case No. 2:18-CV-470-FTM-99MRM, 2018 WL 5279155 (M.D. Fla. October 24, 2018), the District Court found that a TCPA Plaintiff pleaded enough regarding an ATDS after ACA International. Not surprisingly, since the D.C. Circuit’s opinion in ACA Int’l, courts have reached differing conclusions as to the decision’s impact on FCC Orders issued prior to… Read More

In U.S. Bank Equipment Finance v. J.W. Jones Company, LLC., et. al.,  2018 WL 5312905, at *5–6 (S.D.Ind., 2018), in granting summary judgment to a floorplan lender on its contract/replevin claim, the District Court also found that the borrower owed a fiduciary duty to the floorplan lender due to the trust-relationship. The language of the Agreement meets the high bar… Read More

In Garland v. Marine Credit Union, 2018 WL 5313769, at *3–4 (E.D.Wis., 2018), Judge Griesbach dismissed an FCRA claim on the basis that there was no inaccuracy. Plaintiff claims that Defendants violated the FCRA by failing to conduct a reasonable investigation of the disputed Marine and World debts and refusing to correct the inaccurate information contained in her credit report.… Read More

In Blevins v. Premium Merchant Funding One, LLC., 2018 WL 5303973, at *2–3 (S.D.Ohio, 2018), Judge Smith allowed a DNC-TCPA case past the pleadings stage. Further, on the matter of telephone numbers used for both business and residential purposes, the FCC has “decline[d] to exempt from the do-not-call rules those calls made to ‘home-based businesses’ rather, we will review such… Read More

In McClellon v. Capital One Bank, N.A., 2018 WL 5240528, at *3–4 (W.D.Wash., 2018), Judge Coughenour dismissed an EFTA Plaintiff's claims based on claimed duties not required by Reg. E/EFTA. The implementing regulations of the Electronic Fund Transfer Act (“EFTA”), 15 U.S.C. § 1693, et seq., commonly known as “Regulation E,” broadly deal with the “basic rights, liabilities, and responsibilities… Read More

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