Litigation Developments

WBK Industry News - Litigation Developments

Court Dismisses State Law Usury Claims Against National Bank’s Affiliates Which Securitized Credit Card Accounts After Finding that Federal Law Controls the Interest Rate

29 Oct 2020

The U.S. District Court for the Eastern District of New York dismissed a suit against a national bank’s affiliates for violations of New York state...

National Bank to Pay $400M for Its Failed Risk Management Programs

22 Oct 2020

The OCC and the Federal Reserve Bank (FRB) of New York recently settled with a registered bank holding company and its subsidiary national bank for...

FTC Loses False Advertising Case with Non-Credible Expert Witness

15 Oct 2020

The FTC recently lost a false advertising case it brought in the U.S. District Court for the Western District of Pennsylvania against a company manufacturing...

7th Circuit Grants Government Request to Dismiss False Claims Act Lawsuit

08 Oct 2020

The U.S. Court of Appeals for the Seventh Circuit recently held that the Federal government has the right to dismiss a qui tam complaint without...

3rd Circuit Holds FCA’s “First to File” Rule Not Jurisdictional

08 Oct 2020

In a recent decision, a three-judge panel of the U.S. Court of Appeals for the Third Circuit held that the “first to file rule” under...

9th Circuit Finds Home Owner’s Loan Act of 1933 Preempts California State Law

01 Oct 2020

Following years of litigation, the Ninth Circuit held that the Home Owner’s Loan Act of 1933 (HOLA) preempts a California state law requiring banks to...

11th Circuit: Credit Pulls Didn’t Violate FCRA or Settlement

01 Oct 2020

The U.S. Court of Appeals for the Eleventh Circuit recently affirmed summary judgment for a television provider that had pulled credit in response to fraudulent...

AGs from 7 States and DC Seek Invalidation of FDIC’s “Valid When Made” Rule in Northern CA US District Court

17 Sep 2020

Attorneys General from seven states and the District of Columbia recently filed a Complaint in Northern California District Court for declaratory and injunctive relief against...

11th Circuit Judge Awards $8.75M in Attorneys’ Fees in TCPA Class Action

10 Sep 2020

A district court judge in Alabama recently awarded attorneys’ fees in the amount of $8.75 million in a TCPA class action brought against a domain...

Judge Rejects Due Process Arguments and Enters $925 Mil TCPA Award

03 Sep 2020

A federal judge in Oregon recently found that a $925 million award in a Telephone Consumer Protection Act (TCPA) class action did not violate due...

6th Circuit Ruling Deepens Circuit Split on How Autodialers are Defined

27 Aug 2020

The Sixth Circuit recently issued an opinion holding that a device capable of dialing telephone numbers from a stored list of numbers constitutes an autodialer...

Firm’s Attempt to Collect Agent Fees from PPP Lenders is Blocked