Litigation Developments

WBK Industry News - Litigation Developments

11th Circuit Holds State Guaranty Agency Is Not a Debt Collector Under the FDCPA

21 Feb 2020

The U.S. Court of Appeals for the Eleventh Circuit has found that a state guaranty agency for federal student loans is not a debt collector...

Supreme Court: Denial of Relief from Bankruptcy Stay Is Immediately Appealable

14 Feb 2020

The U.S. Supreme Court recently held unanimously that bankruptcy court orders conclusively denying relief from the automatic stay are immediately appealable. Under 28 U.S.C. §...

11th Circuit Finds TCPA’s ATDS Definition Requires More than Storage of Telephone Numbers

07 Feb 2020

Recently the Eleventh Circuit held that a device is not an Automatic Telephone Dialing System (ATDS) under the TCPA merely because it stores a list...

11th Circuit Reduces Punitive Damages for Consumer Reporting Agency’s FCRA Violations

07 Feb 2020

The Eleventh Circuit Court of Appeals recently affirmed a $250,000 compensatory damages award and reduced a $3.3 million punitive damages award to $1 million. The...

Court Finds Insurance Coverage for Property Damaged by Ransomware

07 Feb 2020

A federal judge in Maryland recently found that the property damage provision of a standard business insurance policy provided coverage for a ransomware attack that...

CFPB Denies Petition to Set Aside CID on Constitutional Grounds

30 Jan 2020

The CFPB recently issued an order denying a student loan relief company’s petition to set aside a Civil Investigative Demand (CID) on the basis that...

1st Circuit Rules Collection Actions Do Not Give Rise to New Claims Under the Massachusetts Consumer Protection Act

30 Jan 2020

On January 17, 2020, the U.S. Court of Appeals for the First Circuit affirmed the dismissal of a complaint alleging defendant’s enforcement of a predatory...

11th Circuit Orders FTC to Pay $843k in Legal Fees

30 Jan 2020

The Eleventh Circuit Court of Appeals recently granted a petition adopting a special master’s report and recommendation and awarded $843,173 in attorney’s fees and expenses...

CA Central District Court Upholds Defendant’s Motion to Compel Arbitration in Data Breach Suit

30 Jan 2020

A California U.S. District Judge granted a defendant’s motion to compel arbitration and stayed a plaintiffs’ class action lawsuit—for negligence, breach of implied contract, and...

5th Circuit Decertifies Debt Collection Letter Recipients’ Class Action Lawsuit

23 Jan 2020

The U.S. Court of Appeals for the Fifth Circuit recently decertified an FDCPA class of Texas residents who had received the same debt collection letter,...

CFPB Sues Mortgage and Student Loan Debt Relief Companies and Individuals for Misrepresentations and Improper Use of Credit Information

23 Jan 2020

The CFPB recently filed a complaint in the U.S. District Court for the Central District of California against multiple companies and individuals alleging the parties...

5th Circuit: SCRA Default Judgment Protections for Servicemembers Do Not Apply to Certain Louisiana Foreclosures

16 Jan 2020

The U.S. Court of Appeals for the Fifth Circuit recently held that the SCRA’s protections concerning default judgments against servicemembers do not apply Louisiana executory...

11th Circuit Holds State Guaranty Agency Is Not a Debt Collector Under the FDCPA

Supreme Court: Denial of Relief from Bankruptcy Stay Is Immediately Appealable

11th Circuit Finds TCPA’s ATDS Definition Requires More than Storage of Telephone Numbers

11th Circuit Reduces Punitive Damages for Consumer Reporting Agency’s FCRA Violations

Court Finds Insurance Coverage for Property Damaged by Ransomware

CFPB Denies Petition to Set Aside CID on Constitutional Grounds

1st Circuit Rules Collection Actions Do Not Give Rise to New Claims Under the Massachusetts Consumer Protection Act

11th Circuit Orders FTC to Pay $843k in Legal Fees

CA Central District Court Upholds Defendant’s Motion to Compel Arbitration in Data Breach Suit

5th Circuit Decertifies Debt Collection Letter Recipients’ Class Action Lawsuit

CFPB Sues Mortgage and Student Loan Debt Relief Companies and Individuals for Misrepresentations and Improper Use of Credit Information

5th Circuit: SCRA Default Judgment Protections for Servicemembers Do Not Apply to Certain Louisiana Foreclosures

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