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02.27.20

California Court Denies Motion To Compel Arbitration

Denying a motion to compel arbitration in a Telephone Consumer Protection Act (TCPA) class action, a California federal court rejected the defendants’ argument that the plaintiff agreed to arbitrate when he shared his information on a lead-generation website.


02.27.20

DOJ Sues Telecommunications Operators Over Robocalls

Jumping on the enforcement bandwagon, the Department of Justice (DOJ) filed its first actions against telecommunications operators for facilitating illegal robocalls.


02.27.20

Court Tips Hat on Damages, Due Process Concerns

As part of its consideration of the parties’ request for preliminary approval of their settlement agreement of a Telephone Consumer Protection Act (TCPA) class action, a California federal court signaled that an award of full statutory damages would not survive due process considerations.


02.27.20

Texas Court Moves TCPA Claims Against Individuals Forward

Individual defendants continue to face personal liability pursuant to the Telephone Consumer Protection Act (TCPA), with a Texas federal court allowing claims against two individuals to move forward despite their motions to dismiss.


02.27.20

Manatt’s Continuing Coverage on Significant Post-ACA International Developments

The circuit split fueling uncertainty over the proper definition of an automatic telephone dialing system (ATDS) deepened this week as the U.S. Court of Appeals, Seventh Circuit, weighed in on the issue.


02.27.20

CFPB: Debt Collectors, Consumers Receive Clarity on Time-Barred Debt

Proposing a specific limit on debt collectors but also providing a safe harbor for compliance, the Consumer Financial Protection Bureau (CFPB) has issued proposed regulations that would allow debt collectors to contact consumers about time-barred debt as long as the collectors disclose, in the ...


02.27.20

Maryland Bill Would Ban Merchant Cash Advances

On February 3, 2020, Maryland State Senator Benjamin Kramer introduced a bill that would completely prohibit merchant cash advances (MCAs) in Maryland.  


02.27.20

Employers Must Allow Employees to Vote

With presidential primaries under way and New York’s own primary vote scheduled for April 28, employers should be cognizant of last year’s amendments to New York’s Election Law, which increased the paid time off that employees may take in order to vote in elections.


02.27.20

Fair Lending: CFPB Agrees to Restart Women- and Minority-Owned Business Data Collection

In a settlement with a consumer advocacy group on a significant fair lending issue, the Consumer Financial Protection Bureau (CFPB) has agreed to restart long-stalled efforts to gather statutorily mandated data on lending to women- and minority-owned businesses.     


02.26.20

Bipartisan Rx for America’s Healthcare: A Practical Path to Reform

In December 2019, BPC conducted a poll, asking voters which of the healthcare reform plans that the presidential candidates are putting forward represents their preferred approach.