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Pennsylvania appellate court rejects claim that dunning letter sent post-expiration of the statute of limitations violated law

On March 30, 2023, a three-judge panel of the Superior Court of Pennsylvania held in a precedential opinion that debt collectors can send collection letters to debtors after the expiration of the statute of limitations...more

Third Circuit rejects TCPA claim in “junk fax” putative class action

On January 19, 2023, the U.S. Court of Appeals for the Third Circuit unanimously affirmed a district court’s dismissal of a Telephone Consumer Protection Act claim arising from allegedly illegal faxes about a free educational...more

New York Department of Financial Services issues proposed guidance relating to management of material financial risks from climate...

The New York Department of Financial Services (DFS) recently issued proposed guidance (Guidance) related to climate change that applies to New York State-regulated banking organizations, New York State-licensed branches and...more

36 State Attorneys General settle with CarMax over non-disclosure of open safety recalls

On December 1, 2022, nationwide used car dealer CarMax Auto Superstores, Inc. (“CarMax”) and 36 state attorneys general announced a $1 million multistate settlement that will require CarMax to disclose open recalls related to...more

Pennsylvania Attorney General files lawsuit against lead generator for role in assisting unlawful telemarketing calls

On November 3, 2022, Pennsylvania Attorney General (and Governor-Elect) Josh Shapiro announced that his office had filed a lawsuit in the U.S. District Court for the Western District of Pennsylvania against New York-based...more

ASFA Responds to New CRL Report on Installment Loans

On July 28, the Center for Responsible Lender (CRL) issued a new report regarding the “persistent harms of high-cost installment loans,” claiming that such loans come with an “exploitative cost” in fees and interest that far...more

House Committee Passes the Overdraft Protection Act

On July 28, the U.S. House Committee on Financial Services passed H.R. 4277, the Overdraft Protection Act.  Introduced by Congresswoman Carolyn B. Maloney (D-NY), the bill would prohibit financial institutions from engaging...more

California Court of Appeal Allows Plaintiff to Bring Willful FCRA Claims as Class Action Before Jury

In a rare development, a California state court of appeals has opined on the requirements for obtaining authorization for background checks pursuant to the Fair Credit Reporting Act....more

DOJ files lawsuit alleging SCRA violations for unlawfully auctioning servicemembers’ vehicles

On April 15, 2022, the U.S. Department of Justice filed a lawsuit against Steve’s Towing, Inc., located in Virginia Beach, Virginia, pursuant to the Servicemembers Civil Relief Act (“SCRA”), 50 U.S.C. §§ 3901-4043, for...more

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