Litigation Developments

WBK Industry News - Litigation Developments

Federal Court Rules that Pre-Checked Box May Still Serve as “Express Consent” Under TCPA

02 Jul 2020

The U.S. District Court for the District of Oregon recently ruled that an express consent disclosure is still binding on a Plaintiff despite the fact...

Colorado State Court Affirms “Valid-When-Made” Inapplicable to Non-Banks

02 Jul 2020

A Colorado state court recently found the “valid-when made” doctrine inapplicable to non-banks in Colorado, ruling that the language of 12 U.S.C. § 1831(d) applies...

U.S. Supreme Court Finds CFPB’s Structure Unconstitutional

29 Jun 2020

The Supreme Court of the United States today issued its opinion in Seila Law, LLC v. CFPB, finding the CFPB’s single-director structure unconstitutional, and severing...

U.S. Supreme Court Vacates DHS Decision to Rescind DACA

25 Jun 2020

The Supreme Court recently ruled that the U.S. Department of Homeland Security’s 2017 decision to rescind the Deferred Action for Childhood Arrivals (DACA) program violated...

3rd Circuit Finds Foregoing Contractual Rights Does Not Alter Contract

25 Jun 2020

The Third Circuit recently affirmed a summary judgment against plaintiffs in a class action, holding in an unpublished opinion that failing to exercise a contractual...

9th Circuit Panel Holds Express Consent Does Not Offer Protection Under the TCPA When Unintended Person Receives the Call

25 Jun 2020

Recently, the U.S. Court of Appeals for the Ninth Circuit held that express consent from the intended recipient of a call does not exempt a...

Supreme Court: Title VII Prohibits Discrimination Based on Sexual Orientation/Transgender Status

15 Jun 2020

The Supreme Court has held that Title VII prohibits discrimination against an employee for being gay or transgender, because that type of discrimination is necessarily...

Auto Dealership in $1.5 Million Discrimination Settlement with FTC

11 Jun 2020

The FTC recently reached a $1.5 million settlement with a Bronx-based auto dealership accused of racially discriminating against customers, deceptive advertising practices, and price inflation....

Mortgage and Student Loan Debt-Relief Companies Settle FCRA, Telemarketing Sales Rule, and UDAAP Allegations with the CFPB

04 Jun 2020

On May 18, 2020, the CFPB settled claims with a series of mortgage companies and student loan debt-relief companies (the companies), recently moving for entry...

Federal Court Rules that Pre-Checked Box May Still Serve as “Express Consent” Under TCPA

Colorado State Court Affirms “Valid-When-Made” Inapplicable to Non-Banks

U.S. Supreme Court Finds CFPB’s Structure Unconstitutional

U.S. Supreme Court Vacates DHS Decision to Rescind DACA

3rd Circuit Finds Foregoing Contractual Rights Does Not Alter Contract

9th Circuit Panel Holds Express Consent Does Not Offer Protection Under the TCPA When Unintended Person Receives the Call

Supreme Court: Title VII Prohibits Discrimination Based on Sexual Orientation/Transgender Status

Auto Dealership in $1.5 Million Discrimination Settlement with FTC

Mortgage and Student Loan Debt-Relief Companies Settle FCRA, Telemarketing Sales Rule, and UDAAP Allegations with the CFPB

Court Issues Injunction and $40.3 Million Judgment Against Payment Processor for Actions Taken by Its Clients

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

9th Circuit Finds HOA Foreclosure Cannot Extinguish FHFA Interest

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