• 11.26.19

    Whistleblower Protections Begin to Take Center Stage

    As “whistleblower” issues pervade national headlines, lawmakers in some jurisdictions, including New York, have recently sought to expand existing whistleblower protections.

  • 11.26.19

    CFPB News: Enforcement Updates, New Interpretive Rule and Well-Being Report

    In recent Consumer Financial Protection Bureau (CFPB) news, the CFPB notched a $59 million victory in Wisconsin federal court, settled an enforcement action on employment background screening and published an interpretive rule easing the requirements for a temporary loan originator license.  

  • 11.26.19

    Bill Would Expand Interest Rate Cap

    A new bill introduced in both houses of Congress would extend the Military Lending Act’s (MLA’s) 36 percent per annum interest rate cap to all consumer borrowers, not just military service members. The change would affect all MLA-covered loans.  

  • 11.25.19

    Significant Post-ACA International Developments

    On March 16, 2018, the U.S. Court of Appeals for the D.C. Circuit released its hotly anticipated decision in ACA Int’l v. FCC.

  • 11.25.19

    Courts Tackle TCPA Constitutionality

    The constitutionality of the Telephone Consumer Protection Act (TCPA) continues to make headlines, with recent decisions out of Delaware and Massachusetts, as well as a certiorari petition submitted to the Supreme Court.

  • 11.25.19

    Court Tosses Suit, Finds Defendant Didn’t Initiate Texts

    Applying a seven-factor test, a Washington federal court found that the defendant didn’t “make” or “initiate” text messages for purposes of Telephone Consumer Protection Act (TCPA) liability.

  • 11.25.19

    New California Law Sets Deadline for SHAKEN/STIR

    One of the many new laws enacted in California at the end of the most recent legislative session included the Consumer Call Protection Act.  

  • 11.25.19

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

    The uncertainty surrounding the proper definition of an automatic telephone dialing system (ATDS) remains as courts continue to issue differing opinions on the issue.

  • 11.25.19

    Texts Not Solicitations Despite Link to Book for Sale

    A Washington federal court has ruled that text messages inviting recipients to watch a livestream of a candidate’s speech and visit his website did not constitute “telephone solicitations” under the Telephone Consumer Protection Act (TCPA), even though the website offered a book ...

  • 11.20.19

    Ninth Circuit Eases Path for FCRA Plaintiffs

    Addressing two issues of first impression in the U.S. Court of Appeals, Ninth Circuit, a panel ruled that a consumer suffers a concrete, Article III injury-in-fact when a third party obtains her credit report for a purpose not authorized by the Fair Credit Reporting Act (FCRA).