Litigation Developments

WBK Industry News - Litigation Developments

3rd Circuit Finds Faxed Research Surveys Offering Participation Payments are Advertisements Under TCPA

28 May 2020

The Third Circuit recently held that the TCPA’s definition of advertisement includes faxes seeking participation in market research surveys in exchange for payments, overturning two...

9th Circuit Finds HOA Foreclosure Cannot Extinguish FHFA Interest

28 May 2020

The Ninth Circuit relied on the Housing and Economic Recovery Act of 2008 (HERA) in ruling that Fannie Mae’s financial interest in a loan purchased...

Federal Court Enjoins MA AG’s Enforcement of Prohibition on Collection Efforts

21 May 2020

A Massachusetts’s federal district court recently granted a temporary restraining order (TRO), enjoining the state’s attorney general from enforcing regulation prohibiting collections efforts amidst COVID-19....

Wisconsin Supreme Court Holds Coronavirus Stay-At-Home Order Invalid

21 May 2020

On May 13, 2020, the Wisconsin Supreme Court struck down an order (the Stay-At-Home Order) authorized by the governor that commanded, among other things, non-essential...

Mortgage Lender Settles FCA Whistleblower Complaint with Government for $15 Million

14 May 2020

On April 29, 2020, the Department of Justice announced that a large residential mortgage lender has agreed to pay $15 million to settle a recently-unsealed...

11th Circuit: TCPA Consent in Contract Cannot Be Revoked Unilaterally

14 May 2020

The Eleventh Circuit has held that consent under the TCPA cannot be unilaterally revoked if it was given as part of a contract. The case...

TX Supreme Court Reduces Judgment against Financial Services Company

07 May 2020

The Texas Supreme Court recently reversed a judgment of $211 million in equitable relief against a financial services company because an accurate measure of damages...

TX Supreme Court Rules Lenders Entitled to Equitable Subrogation Where They Fail to Correct Curable Constitutional Defects in Loan Documents

07 May 2020

On April 24, 2020, the Texas Supreme Court answered a certified question from the U.S. Circuit Court of Appeals for the Fifth Circuit, ruling that...

FTC Files Complaint Against Rhode Island Company Claiming SBA Affiliation

30 Apr 2020

On April 17, 2020, the FTC filed a complaint for a permanent injunction against a Rhode Island company claiming to be affiliated with the U.S....

9th Circuit Rules that Loan Obtained by Trustee to Finance Repairs on Trust Property is Consumer Credit Transaction Under TILA, RESPA, and Rosenthal Act

30 Apr 2020

On April 14, 2020, the U.S. Court of Appeals for the Ninth Circuit ruled that a loan which was obtained by the trustee of a...

2nd Circuit Construes TCPA’s Definition of Autodialer Broadly

23 Apr 2020

The U.S. Court of Appeals for the Second Circuit recently considered whether text message platforms used for marketing campaigns should be considered automatic telephone dialing...

FL District Court Approves $2.25M TCPA Class Action Settlement