The Supreme Court yesterday denied a petition to hear arguments in a Telephone Consumer Protection Act case that sought to overturn an Appeals Court ruling issued last year over whether the entire statute was unenforceable because it contained a provision for five years that was found to be unconstitutional. The …
Read More »Supreme Court Blocks Vaccine Mandate For Large Employers
The Supreme Court yesterday shut down the mandate from the federal government that employers with more than 100 employees must institute a mandate for workers to either get vaccinated against COVID-19 or be tested every week saying the government overstepped its authority in having the Occupational Safety and Health Administration …
Read More »Supreme Court Places Further Limits on Standing in FCRA Ruling
The Supreme Court today issued its ruling in TransUnion v. Ramirez, ruling that every member of a class must have Article III standing in order to be eligible to recover damages, dealing a blow to class-action plaintiffs across the country. This particular ruling is being seen as a reinforcement of …
Read More »Congress Seeks to Restore Power to FTC Taken Away by Supreme Court
Democrats in Congress are moving fast to restore the Federal Trade Commission’s ability to seek monetary redress in court, following a unanimous Supreme Court ruling last week that determined Congress did not intend to give the regulator the power to seek injunctions. H.R.2668, the Consumer Protection and Relief Act, was …
Read More »TransUnion Makes Case to Decertify Class in $40M FCRA Case
A credit reporting agency has filed its brief with the Supreme Court as it seeks to have a class of plaintiffs decertified in a Fair Credit Reporting Act case that will answer the question of whether every member of a class must have Article III standing in order to recover …
Read More »Supreme Court Hears Arguments in Case Debating ‘Debt Collector’ Definition Under FDCPA
The Supreme Court yesterday heard arguments in a case that seeks to define what constitutes a “debt collector” under the Fair Debt Collection Practices Act, in relation to whether law firms engaging in non-judicial disclosures meet the definition under the statute. Published reports indicated that the eight justices who heard …
Read More »Supreme Court Set to Hear Arguments in FDCPA Foreclosure Case
The Supreme Court will hear arguments next week in a case that seeks to determine whether non-judicial foreclosures quality as debt collection activities and therefore should be regulated by the Fair Debt Collection Practices Act. The case — Obduskey v. McCarthy & Holthus LLP — is on appeal from the …
Read More »What Newest BCFP Constitutionality Ruling Means For Agency Going Forward
Another judge has come out and said she thinks the leadership structure of the Bureau of Consumer Financial Protection is unconstitutional. While not exactly a man-bites-dog kind of development, it could set the stage for the Supreme Court to ultimately be asked to weigh in and issue a final thumbs …
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