Litigation Byte
Litigation Byte (August 2025 Edition)
Read Time: 2 minsDelivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business. Subscribe here.
Ohio Supreme Court Clarifies Disclosure Duties Between Creditors and Sureties
In a recent opinion, the Supreme Court of Ohio definitively held that a creditor does not have an affirmative duty to disclose facts that materially increase risk to a surety—and nor does a surety have a duty to disclose to the creditor.
Florida Court Certifies Two Classes on Claims Under TCPA and FTSA
Recently, the Northern District of Florida certified two classes under the Telephone Consumer Protection Act in a matter regarding alleged telemarketing text messages.
D.C. Targets Crypto ATM Operator for Scamming District Seniors and Residents
On September 8, 2025, the District of Columbia Office of the Attorney General filed suit in D.C. Superior Court against one of the nation’s largest Bitcoin ATM operators for allegedly scamming District residents, and in particular, the District’s elderly population.
Failure to Establish Agency Relationship Dooms TCPA Class Action
A federal court in Nevada recently granted a motion to dismiss, reaffirming that an agency relationship between a target defendant and the people actually making the calls is necessary for a plaintiff to sustain a claim for Telephone Consumer Protection Act violations.
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