Litigation Byte
Litigation Byte (September/October 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 Appeals Court: Denying Arbitration Without Hearing May Be Reversible Error, Even If No Hearing Was Requested
In a recent ruling from the Eighth District Court of Appeals in Ohio, the court held that where parties present contradicting affidavits of fact, a trial court may commit reversable error by denying a motion to compel arbitration without first holding a hearing—even if neither party ever requested a hearing at all.
California Draws the Line: S.B. 82 Narrows the Reach of Consumer Arbitration Agreements
Over the years, many states and various government agencies have attempted to curtail or outright ban the use of arbitration agreements with little success. California is back at it again with the passage of S.B. 82, which seeks to limit the scope of arbitrable claims in “consumer use agreements.” The law, which becomes effective January 1, 2026, is almost assuredly to be challenged in court on preemption and other grounds.
Homebuyers Privacy Protection Act Amends FCRA for Enhanced Consumer Privacy
On September 5, 2025, President Trump signed into law H.R. 2808, the Homebuyers Privacy Protection Act (Act). The Act amends section 604(c) of the Fair Credit Reporting Act (15 U.S.C. § 1681b(c)) “to prevent consumer reporting agencies from furnishing consumer reports under certain circumstances.”
District Court Allows Part of Pro Se Plaintiff’s TCPA Action to Proceed Due to Phone Number Uncertainty
The United States Court for the District of Massachusetts recently allowed part of a pro se plaintiff’s complaint under, inter alia, the Telephone Consumer Protection Act (TCPA), 47 U.S.C § 227 et seq in Jones v. Safr Technologies, Inc., to proceed beyond the motion to dismiss stage. This decision should caution businesses from trusting the reliability of federal telephone databases for communication purposes.
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