Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business.
Court Finds Mass Arbitration Bellwether and Delegation Provisions Unconscionable
The district court for the Northern District of California recently denied a defendant’s motion to compel arbitration and, in so ruling, found that a bellwether provision related to mass arbitrations was unconscionable. Keep reading.
District Court Dismisses Truth in Lending and Regulation Z Action Against Corporate Executives
On September 13, 2024, the United States Court for the District of Massachusetts dismissed a pro se litigant’s claims against four executives of a bank for alleged violations of TILA and certain provisions of Regulation Z, after Plaintiff alleges that he was inaccurately charged more than the APR reflected in a promissory note. Keep reading.
Lack of Actual Knowledge and Prior Express Consent Defeats FDCPA and TCPA Claims
Woodman v. Medicredit highlights defenses to liability under both the FDCPA and TCPA – lack of actual knowledge by a debt collector in contacting a debtor represented by legal counsel and prior express consent given for communications regarding the original transaction underlying the debt. Keep reading.
Eighth Circuit Upholds Sanctions Against Defendant in FCRA Lawsuit for Demanding “Too Much” in Discovery
Recently, the U.S. Circuit Court of Appeals for the Eighth Circuit affirmed a discovery ruling, including an award of $93,243.50 in attorneys’ fees, against a defendant in a lawsuit arising under FCRA. The court found that the defendant “crossed the line when it demanded mostly irrelevant information” from the consumer’s law firm. Keep reading.
