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McGlinchey Stafford PLLC

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Publications

Publications

  1. Litigation Byte

    Court Finds No TILA Violation for Not Providing TILA Disclosures During Pre-Approval Process

    May 14, 2025

    Read Time: 1 min

    In a recent case, the United States District Court for the District of Connecticut granted a motion to dismiss, finding that the Defendant had no obligation to provide disclosures under the Truth in Lending Act during a loan pre-approval process.

  2. Litigation Byte

    Litigation Byte (April 2025 Edition)

    May 5, 2025

    Read Time: 1 min

    Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business.

  3. Litigation Byte

    SCOTUS to Decide Whether a Class Can Be Certified Despite Some of Members Lacking Damages

    May 5, 2025

    Read Time: 5 mins

    On April 29, 2025, the U.S. Supreme Court heard oral arguments in Labcorp v. Davis et al to determine whether certification is appropriate in a class action when certain class members may have not suffered a cognizable injury under Article III of the U.S. Constitution.

  4. Published Article

    Planning For Open Banking Despite CFPB Uncertainty

    April 30, 2025

    Read Time: 5 mins

    Open banking has been lauded by many as an accelerant for innovation in financial services. But a lawsuit is challenging the new rules of the road for open banking and has thrown ice on the prospect of a regulated market.

  5. Litigation Byte

    Court Awards No Actual, Statutory, Reputational, or Punitive Damages for FCRA Violation in Wrongful Termination Suit

    May 1, 2025

    Read Time: 2 mins

    Plaintiff brought action in the United States District Court for the Northern District of Georgia after being terminated by Defendant without receiving pre-adverse notice, in violation of the Fair Credit Reporting Act (FCRA).

  6. Litigation Byte

    Court Finds TILA Statute of Limitation is Not Equitably Tolled

    April 28, 2025

    Read Time: 2 mins

    On March 31, 2025, the Western District of New York dismissed a pro se plaintiff’s Truth-in-Lending Act (TILA) claim as being time-barred.

  7. Published Article

    All the President’s Men: A Look at Attorneys’ Ethical Duties

    April 28, 2025

    Read Time: 1 min

    The legal profession has long upheld a duty to maintain ethical integrity, ensuring that attorneys act within the boundaries of professional responsibility while zealously representing their clients.

  8. Litigation Byte

    Federal Court Finds Causation Lacking on Negligence Claim Under FCRA, But Leaves Door Open on Claim of Willful Violation

    April 22, 2025

    Read Time: 2 mins

    A federal Judge for the United States District Court for the District of Arizona recently granted in part and denied in part a consumer reporting agency’s motion for summary judgment, with respect to claims raised by the plaintiff under the FCRA.

  9. Alert

    The #1 Reason to Register Your Trademark

    April 16, 2025

    Read Time: 4 mins

    This short note focuses on the #1 reason to register your trademark, namely, acquiring a Certificate of Registration on the Principal Register.

  10. Alert

    Fifth Circuit Permits Claims of Environmental Racism to Move Forward

    April 15, 2025

    Read Time: 3 mins

    In a case that has profound implications for the regulated community, particularly in the realms of environmental justice, civil rights, and land use planning, the U.S. Fifth Circuit Court of Appeals has permitted plaintiffs to move forward in a claim that land use policies and industrial siting decisions adversely affected the minority community.

  11. Alert

    Like A Good Neighbor…Not So Fast, Says 5th Circuit

    April 9, 2025

    Read Time: 3 mins

    The U.S. 5th Circuit Court of Appeals gave a big win to the EPA when it upheld a Biden-era ozone ruling affecting Louisiana and Texas, but there was also a set-back for the EPA when the Court both upheld the ability of such cases to be brought outside the D.C. Circuit, and reversed the EPA’s rejection of a Mississippi air quality plan.

  12. Alert

    Trump Announces Presidential Exemptions Under Clean Air Act

    April 3, 2025

    Read Time: 4 mins

    In an unprecedented move, the Trump administration established an electronic mailbox to allow the regulated community to request a Presidential Exemption to certain requirements of the Clean Air Act (CAA).

  13. Alert

    Dismantling the CFPB Officially on Hold and Other Bureau Updates

    April 1, 2025

    Read Time: 3 mins

    In a lengthy decision that highlighted the CFPB’s very public efforts to dismantle the CFPB from within, the District Court for the District of Columbia granted a motion for preliminary injunction designed to preserve the CFPB pending litigation on the merits with the National Treasury Employees Union (NTEU). The Government has already appealed, seeking an emergency stay of the district court’s order.

  14. Litigation Byte

    Litigation Byte (March 2025 Edition)

    March 31, 2025

    Read Time: 1 min

    Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business.

  15. Alert

    Trump on Education: When ‘Dismantle’ Doesn’t Mean Dismantle and Sending Education Back to the States

    March 28, 2025

    Read Time: 5 mins

    One of Donald Trump’s most controversial campaign promises was his proposal to eliminate the U.S. Department of Education (Department) and, in his words, send “education back to the states.”

  16. Litigation Byte

    Court Finds Arbitral Forum’s Decision to Consolidate Cases is Not a Gateway Arbitrability Question

    March 27, 2025

    Read Time: 2 mins

    The Ninth Circuit Court of Appeals affirmed a district court’s decision to deny the plaintiff’s motion to compel arbitration, finding that the plaintiff was not an “aggrieved” party within the meaning of the FAA because the defendant did not refuse to arbitrate.

  17. Litigation Byte

    Court Refuses to Enjoin Mass Arbitration on Personal Jurisdiction Grounds

    March 27, 2025

    Read Time: 2 mins

    Recently, the District Court in the District of Colombia rejected a company’s attempt to preliminary enjoin more than 1,000 customers from proceeding to arbitrate claims in California.

  18. Litigation Byte

    Court Enjoins Landlord from Reporting Withheld Rent Payments to Credit Reporting Agencies

    March 27, 2025

    Read Time: 2 mins

    On March 11, 2025, the New York County Civil Court issued an injunction under the NYFCRA barring a landlord from reporting to the credit reporting agencies the withheld rent payments, notwithstanding the court’s lack of jurisdiction to award injunctive relief.

  19. Alert

    FinCEN Drops Interim Rule on Reporting for U.S. Companies, But It Ain’t Over ‘Til It’s Over

    March 25, 2025

    Read Time: 2 mins

    Right on schedule, on March 21, 2025, FinCEN issued an Interim Final Rule that exempts U.S. companies and persons from the requirement to report, modify, or correct beneficial ownership information (BOI) under the Corporate Transparency Act (CTA).

  20. Litigation Byte

    EDVA Grants Summary Judgment in Favor of Defendant in Putative Class Action Involving Allocation of Mortgage Payments

    March 19, 2025

    Read Time: 4 mins

    The Eastern District of Virginia granted summary judgment in a putative class action alleging violations of fair debt collection provisions of the West Virginia Consumer Credit and Protection Act.

  21. Litigation Byte

    Ohio Court Navigates the Complexities of Lemon Law Claims

    March 17, 2025

    Read Time: 3 mins

    A recent case demonstrates the difficulty of deciding a lemon law claim on summary judgment.

  22. Published Article

    DIDMCA in the Age of True Lender Legislation and Opt-Outs

    March 12, 2025

    Read Time: 1 min

    Member Robert Savoie (Cleveland) authored an article on the Depository Institutions and Monetary Control Act (DIDMCA) in the age of true lender legislation and opt-outs in the Conference on Consumer Finance Law (CCFL) Quarterly Report, Volume 78, No. 1.

  23. Alert

    Chaos and Confusion at the Bureau: Current Litigation Surrounding the Unwinding of the CFPB

    March 12, 2025

    Read Time: 3 mins

    A hearing on the merits of the NTEU's request for a preliminary injunction seemed to evidence doubt that anticipated cuts to CFPB staff and continued freeze on operations were possible while the Bureau maintained statutorily required duties.

  24. Alert

    SCOTUS Rolls Back EPA’s Permitting Authority under the CWA

    March 7, 2025

    Read Time: 2 mins

    On March 4, 2025, the United States Supreme Court issued a ruling centered on the scope of the National Pollutant Discharge Elimination System (NPDES), a key component of the CWA that prohibits pollutant discharges into regulated waters without a permit.

  25. Alert

    NLRB General Counsel Already Instituting Changes

    March 6, 2025

    Read Time: 2 mins

    On January 25, President Trump fired Jennifer Abruzzo, the previous NLRB General Counsel, in favor of William Cohen, a former NLRB board member. Cohen wasted no time in setting forth his potential policies.

  26. Published Article

    Keeping Track of Employees’ Time Using Technology

    March 6, 2025

    Read Time: 4 mins

    It used to be so easy to keep track of employees' work time. Employees arrived at work and clocked in and they clocked out at lunch and at the end of the day. Why it is so difficult now? Enter the world of smartphones, computers and other modern technology: where everyone is connected all the time.

  27. Alert

    BOI Reporting Penalties Suspended, No Need to File? Not So Fast

    March 5, 2025

    Read Time: 2 mins

    The U.S. Department of Treasury has suspended all penalties and fines for beneficial ownership information (BOI) reporting under the Corporate Transparency Act (CTA) for U.S. citizens and domestic reporting companies.

  28. Litigation Byte

    Litigation Byte (February 2025 Edition)

    March 5, 2025

    Read Time: 1 min

    Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business.

  29. Published Article

    The Earned Wage Access Boom: Sixteen States Propose Legislation to Regulate These Types of Products

    March 3, 2025

    Read Time: 2 mins

    Since the beginning of 2025, sixteen states have proposed legislation to regulate earned wage access.

  30. Published Article

    OCC Clarifies Bank Authority to Engage in Certain Cryptocurrency Activities

    March 1, 2025

    Read Time: 2 mins

    On March 7, 2025, the Office of the Comptroller of the Currency (“OCC”) published a new Interpretive Letter 1183 that reaffirms a range of cryptocurrency activities are permissible in the federal banking system.

  31. Alert

    Treasury Suspends CTA BOI Reporting Penalties for U.S. Companies, Individuals

    March 3, 2025

    Read Time: 1 min

    On Sunday, March 2, 2025, the U.S. Department of Treasury announced, with respect to the Corporate Transparency Act (CTA), that it will not enforce penalties or fines for beneficial ownership information (BOI) reporting failures by U.S. citizens or domestic reporting companies.

  32. Published Article

    The Next Wave of Open Banking: New Rules on Personal Financial Data Rights

    March 3, 2025

    Read Time: 4 mins

    A rapid transformation in consumer finance is being brought about by open banking—a pivotal innovation that allows consumers to give third parties real-time access to their detailed financial data.

  33. Alert

    CFPB Under Trump: Leadership, Staffing, Legislative Developments

    February 28, 2025

    Read Time: 3 mins

    With an across-the-board freeze on all rulemaking, enforcement, and supervisory activities, and a potential mass lay-off in the works, the CFPB continues to make news. Here’s a recap of all that happened this past week at the Bureau.

  34. Alert

    FinCEN Announces No Penalties for BOI Reporting Failures

    February 28, 2025

    Read Time: 1 min

    On February 27, 2025, FinCEN announced “it will not issue any fines or penalties or take any other enforcement actions against companies based on any failure to file or update beneficial ownership information (BOI) reports pursuant to the Corporate Transparency Act by the current deadlines . . . until a forthcoming interim final rule becomes effective and new relevant due dates in the interim final rule have passed.”

  35. Alert

    Insurance Coverage During Environmental Deregulation: Challenges and Adaptations

    February 26, 2025

    Read Time: 4 mins

    The environmental insurance landscape is significantly influenced by the prevailing regulatory environment. Periods of environmental deregulation, characterized by the relaxation or removal of environmental protection laws and regulations, present unique challenges to both insurers and policyholders.

  36. Litigation Byte

    District Court Holds Debt Verification In Response to Consumer’s Letter Refusing to Pay, But Disputing the Debt, Is Not a FDCPA Violation

    February 24, 2025

    Read Time: 3 mins

    The District of Maryland rejected a plaintiff’s arguments that a debt collector’s verification of a debt in response to a letter refusing to pay, but disputing the debt, violated the cease communication directive under the FDCPA.

  37. Alert

    Trump on Education: ICE Policy Reversal’s Impact on Schools

    February 24, 2025

    Read Time: 3 mins

    On January 20, 2025, the Trump administration reversed a policy. that restricted immigration actions in “sensitive locations” like schools, churches, and hospitals.

  38. Litigation Byte

    Fifth Circuit Erie-Guess Excludes Retirement Accounts from Spousal Restitution Garnishment

    February 24, 2025

    Read Time: 2 mins

    The Fifth Circuit’s Erie-guess in this case will likely provide further guidance for similarly situated parties in Mississippi.

  39. Alert

    Trump EPA: Interplay of Deregulation and NGO Citizen Suits

    February 19, 2025

    Read Time: 4 mins

    Trump’s second term will likely bring continued and expanded EPA deregulation, prompting a corresponding surge in NGO citizen suits.

  40. Alert

    CTA’s Beneficial Ownership Reporting Requirement Resumes – At Least for Now

    February 19, 2025

    Read Time: 2 mins

    As the saga of on-again-off-again requirements continues to unfold, FinCEN's Beneficial Ownership Information Reporting requirements under the CTA have undergone significant changes due to recent legal developments.

  41. Alert

    Trump on Education: DOE Targets DEI, Threatens Federal Funding

    February 19, 2025

    Read Time: 3 mins

    On February 14, 2024, the Office for Civil Rights (OCR) within the Department of Education (DOE) issued a “Dear Colleague” letter threatening the federal funding of any academic institution that considers race in any manner of operation.

  42. Alert

    CFPB Under Siege: Legal Challenges, Leadership Changes, Congressional Moves

    February 18, 2025

    Read Time: 2 mins

    Various interested parties have started to fight back against the significant changes to the CFPB under the second Trump Administration, leading to a flurry of lawsuits and challenges to some of Acting Director Russ Vought’s orders.

  43. Alert

    CFPB’s Open Banking Rules: Dead on Arrival or Alive and Well?

    February 18, 2025

    Read Time: 3 mins

    While the impact of the new administration’s efforts can’t be fully appreciated at this time, many are asking: what will happen to the CFPB’s final 1033 rules?

  44. Litigation Byte

    Fourth Circuit Rules that SCRA Does Not Preclude Arbitration

    February 17, 2025

    Read Time: 3 mins

    The Fourth Circuit reversed a district court’s decision to deny a national bank’s motion to compel arbitration, finding that amendments to SCRA did not override the applicability of the FAA to arbitrate claims under the SCRA.

  45. Alert

    FTC’s CARS Rule Vacated — What Finance Companies Need to Know

    February 14, 2025

    Read Time: 4 mins

    In a procedural decision, the U.S. Court of Appeals for the Fifth Circuit vacated the CARS Rule (officially, the Combatting Auto Retail Scams Trade Regulation Rule, sometimes known as the Vehicle Shopping Rule) which was designed by the Federal Trade Commission (FTC) to prevent deceptive practices by auto dealers, particularly in the sale of voluntary protection products (sometimes known as “add-ons” or “ancillary products”).

  46. Alert

    CFPB Upheaval Continues: An Update

    February 14, 2025

    Read Time: 2 mins

    The CFPB is currently facing an existential crisis as the Trump Administration and DOGE work to dismantle large parts of the consumer watchdog. Here’s what has happened in the past forty-eight hours.

  47. Alert

    Executive Orders and Federal Contractors: Minimum Wage Requirements Called into Question

    February 13, 2025

    Read Time: 4 mins

    We’ve seen the President issue a number of executive orders in recent weeks. What is the precedent for these orders, particularly when it comes to governing the operations of federal contractors? What is the process for these orders to be implemented, and what can employers expect?

  48. Alert

    Manufacturer’s EPA Compliance Audits: Regulatory Expectations Under Trump 2.0

    February 12, 2025

    Read Time: 4 mins

    The regulatory landscape likely to characterize President Donald Trump’s second term may create important implications for conducting Environmental Protection Agency (EPA) compliance audits within the manufacturing sector.

  49. Alert

    CFPB Under Trump: Internal and External Threats Continue to Mount

    February 10, 2025

    Read Time: 4 mins

    In the span of a short forty-eight hours, the CFPB has faced possibly the greatest threat to its continued existence. What remains to be seen is what Congress does, if anything, to either protect the Bureau or dismantle it completely.

  50. Alert

    Trump on Education: Transgender Women in Sports

    February 7, 2025

    Read Time: 2 mins

    The order, titled Keeping Men Out of Women’s Sports, noted that it would be the policy of the United States to “rescind all funds from educational programs that deprived women and girls of fair athletic opportunities” and “oppose male competitive participation in women’s sports.” In effect, the order bans transgender women from competing in women’s sports at federally funded institutions.

  51. Alert

    FinCEN Commits to Extend CTA Reporting for 30 Days If Court Grants Stay of Injunction

    February 6, 2025

    Read Time: 2 mins

    On February 5, 2025, the United States filed a motion in the case of Samantha Smith, et al., v. United States Department of Treasury, et al., to stay the order of the Federal District Court for the Eastern District of Texas, Tyler Division, preliminary enjoining the enforcement of the CTA on a nationwide basis.

  52. Alert

    Defending Manufacturers Against PFAS Claims: Legal Strategies and Challenges

    February 6, 2025

    Read Time: 3 mins

    As litigation involving per- and polyfluoroalkyl substances (PFAS) continues to rise, manufacturers of PFAS-containing products face significant legal and financial risks. Plaintiffs, including individuals, communities, Non-Governmental Organizations (NGOs), and governmental entities, are increasingly filing lawsuits alleging personal injury, property damage, and environmental harm due to PFAS exposure.

  53. Alert

    Litigation Byte (January 2025 Edition)

    February 6, 2025

    Read Time: 1 min

    Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business.

  54. Litigation Byte

    Third Circuit Illustrates Federal Court Presumption for Exercising Concurrent Jurisdiction

    February 4, 2025

    Read Time: 4 mins

    Arsenis highlights just how strongly federal courts favor exercising concurrent jurisdiction with a related case pending in state court.

  55. Alert

    Chopra Out. Bessent In (for Now). What’s Next at the CFPB?

    February 3, 2025

    Read Time: 2 mins

    The Trump administration replaced CFPB Director Rohit Chopra over the weekend with Treasury Secretary Scott Bessent as Acting Director.

  56. Alert

    Supreme Court to Decide: Can Class Actions Be Certified If Some Class Members Lack Standing?

    January 29, 2025

    Read Time: 2 mins

    On January 24, 2025, the U.S. Supreme Court granted certiorari in Laboratory Corporation of America Holdings v. Davis, No. 24-304, and will attempt to resolve a circuit split regarding whether federal district courts can certify a class action under Rule 23(b)(3) of the Federal Rules of Civil Procedure if some members of the proposed class lack a cognizable injury under Article III. The Supreme Court’s decision in this matter may send shockwaves through the class action legal field and could alter how class action law is treated in the years to come.

  57. Alert

    EEOC Tackles Employer Use of “Wearables”

    January 28, 2025

    Read Time: 3 mins

    Have you heard of “wearable technologies”? You may not have heard this term, but you are probably already using “wearables”: Fitbit, smartwatches, and more. Even police departments are using wearables to solve crime. These wearables allow their owners to monitor their activities throughout the day, their mental or physical condition, and many other metrics. But can employers use the same technology to monitor what employees are doing throughout the day, or use proximity sensors that warn of nearby hazards?

  58. Alert

    SCOTUS Hears Arguments on Judicial Interpretation of Agency Authority Under the TCPA

    January 28, 2025

    Read Time: 3 mins

    On January 21, 2025, the Supreme Court heard oral arguments in McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, et al., a case and decision that may have an outsized impact on the nature of judicial review of federal agency legal interpretations. At issue before the Court was whether the Hobbs Act requires district courts to follow the Federal Communications Commission’s (FCC) interpretation that the Telephone Consumer Protection Act (TCPA) does not prohibit unsolicited advertisements via fax.

  59. Alert

    NLRB’s General Counsel Provides Guidance on Balancing NLRA and Equal Employment Laws

    January 27, 2025

    Read Time: 3 mins

    All employees have a right to engage in concerted activity under the National Labor Relations Act (NLRA)—often called “protected concerted activity (PCA)”—meaning that even in a non-union environment, an employer cannot retaliate when two or more employees are discussing the terms and conditions of their employment.

  60. Alert

    Are Transgender and Non-Binary Employees Being Erased from Workplace Policies?

    January 24, 2025

    Read Time: 3 mins

    Due to growing awareness and diversity, equity, and inclusion policies (DEI) policies, the public has slowly begun to accept transgender individuals and those who do not identify as a man or a woman (non-binary). On his first day in office, President Trump issued an Executive Order (EO) that “[i]t is the policy of the United States to recognize two sexes, male and female” – effectively reversing the Biden administration’s policies on DEI and transgender rights. The EO only applies to federal agencies, but could the concept gain traction in a Republican Congress?

  61. Alert

    Game On – Again, Not Exactly: Supreme Court Stays CTA Universal Injunction

    January 24, 2025

    Read Time: 1 min

    On January 23, 2025, the U.S. Supreme Court agreed that the Government is entitled to a stay of the universal injunction of the Corporate Transparency Act.

  62. Alert

    Will DEI Programs Become Extinct Under the Trump Administration?

    January 23, 2025

    Read Time: 2 mins

    In an effort to embrace diversity and inclusion, many employers established Diversity, Equity, and Inclusion (DEI) programs. The look of these programs varied from company to company; however, many of the programs specifically tried to give an advantage to racial minorities or women to even the playing field in the workplace since they tend to be underrepresented in the workforce.

  63. Alert

    Stericycle Agrees to Pay $9.5 Million Civil Penalty for RCRA Violations

    January 22, 2025

    Read Time: 2 mins

    On January 17, 2025, the Environmental Protection Agency (EPA) and the Department of Justice (DOJ) announced a $9.5 million settlement with Stericycle, Inc. for Hazardous Waste Management Violations. The settlement resolves allegations that the company violated federal hazardous waste management regulations under the Resource Conservation and Recovery Act (RCRA). The $9.5 million civil penalty is one of the largest ever paid under the RCRA.

  64. Alert

    SCOTUS: Case Removed on Federal Question Grounds Must Be Remanded if Federal Claim Is Dismissed

    January 16, 2025

    Read Time: 4 mins

    In a seminal opinion, the United States Supreme Court held that a case removed on federal question grounds is properly remanded when the plaintiff amends his or her complaint and dismisses the federal claims.

  65. Alert

    Court Clarifies HOA Responsibilities in Tenant vs. Tenant Conflicts

    January 9, 2025

    Read Time: 2 mins

    Often, in litigation between an owner and their homeowners association (HOA), there is a question regarding the nature and the extent of the duty owed by the HOA to an owner (or even to a tenant of an owner). The answer to such a question can be quite murky at times. However, a recent California Court of Appeal decision has offered some clarity.

  66. Alert

    New California Laws of “Interest” to Common Interest Developments

    January 3, 2025

    Read Time: 2 mins

    In addition to the Corporate Transparency Act, which is currently stayed, the California State Legislature passed new laws that will impact common interest developments.

  67. Alert

    Litigation Byte (December Edition)

    January 2, 2025

    Read Time: 3 mins

    Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business.

  68. Alert

    EDNY: Failure to State a Claim Under the FCRA Dooms a Related Claim under the NYFCRA

    January 2, 2025

    Read Time: 2 mins

    On December 16, 2024, the United States District Court for the Eastern District of New York dismissed claims against a credit reporting agency for violations of the Fair Credit Reporting Act (FCRA) and joined the United States District Court for the Southern District of New York in holding that the insufficiency of a claim under the FCRA requires dismissal of a related claim under the New York Fair Credit Reporting Act (NYFCRA), whose prohibition on reporting of inaccurate information is “substantially similar” to the FCRA.

  69. Alert

    The Second Department Rejects Constitutional Challenge to FAPA

    January 2, 2025

    Read Time: 2 mins

    On December 4, 2024, the Appellate Division, Second Department affirmed the trial court’s retroactive application of the Foreclosure Abuse Prevention Act (FAPA) to dismiss the re-commenced foreclosure action as time-barred and rejected the mortgagee’s constitutional challenge thereto.

  70. Alert

    District Court Dismisses FDCPA and FCRA Action Against Community College

    January 2, 2025

    Read Time: 2 mins

    On December 11, 2024, the United States Court for the Eastern District of Pennsylvania Arizona dismissed a pro se litigant’s claims against Montgomery Community College (the College) for, inter alia, alleged violations of the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681, and the Fair Debt Collections Practice Act (FDCPA), 15 U.S.C. § 1692. The court ruled that the pro se plaintiff had failed to state plausible claims for relief under both the FCRA and FDCPA and dismissed the FDCPA claim with prejudice and the FCRA claim without prejudice.

  71. Published Article

    Predicting The Lasting Changes CFPB May Face In 2025

    January 1, 2025

    Read Time: 5 mins

    With President-elect Donald Trump's election victory and upcoming inauguration, big changes appear likely for the Consumer Financial Protection Bureau in 2025.

  72. Alert

    Judgment on the Pleadings Granted Due to Insufficient Pleading of FCRA Violations

    December 30, 2024

    Read Time: 4 mins

    The United States District Court for the District of Maryland granted a defendant’s motion for judgment on the pleadings in a case arising under the Fair Credit Reporting Act (FCRA) due to an alleged error regarding the misspelling of the plaintiff’s middle name in her credit report received from the defendant.

  73. Published Article

    Employment Law Developments to Expect From the Second Trump Administration

    December 30, 2024

    Read Time: 6 mins

    There is some comfort in knowing what policies may be enacted based on actions taken during the first Trump administration from 2016 to 2020. For employment lawyers, insight can also be gleaned by analyzing the developments from courts and federal agencies during the Biden administration.

  74. Alert

    Game Off: Fifth Circuit’s Merits Panel Overturns Motions Panel; Reinstates Preliminary Injunction Staying Enforcement of the CTA

    December 27, 2024

    Read Time: 1 min

    In a rollercoaster of a ride, the merits panel of the U.S. Court of Appeals for the Fifth Circuit, on December 26, 2024, vacated the prior order of the Fifth Circuit’s motions panel staying the preliminary injunction enjoining enforcement of the Corporate Transparency Act.

  75. Alert

    Game On: Preliminary Injunction on Corporate Transparency Act Lifted; Filing Deadlines Extended

    December 26, 2024

    Read Time: 2 mins

    The U.S. Court of Appeals for the Fifth Circuit on Dec. 23, 2024, issued an order lifting a prior ordered issued by a federal district court in the Eastern District of Texas granting a nationwide preliminary injunction that: (1) enjoined the CTA, including enforcement of that statute and regulations implementing its BOI reporting requirements, and (2) stayed all deadlines to comply with the CTA’s reporting requirements. 

  76. Published Article

    “A Private Affair”: A Look into Posthumous Privacy Rights after the Rise of Digital Assets and Why There Must be a Federal Privacy Statute to Protect these Assets

    2021

    Read Time: 1 min

    Read more.

  77. Alert

    California Court Upholds Coastal Commission’s Denial of HOA Seawall Permit

    December 20, 2024

    Read Time: 2 mins

    On December 12, 2024, the Court of Appeal of the State of California reversed a writ of mandate and agreed with the California Coastal Commission’s (CCC) denial of a permit by the Casa Mira Homeowners Association for coastal development of a seawall to protect the condominium complex.  

  78. Alert

    New York District Court Rejects Arguments That TCPA Claims Are Non-Removable

    December 20, 2024

    Read Time: 2 mins

    On December 4, 2024, the United States District Court for the Western District of New York, as a matter of first impression, denied pro se plaintiff’s motion to remand claims against a national bank for violations of the Telephone Consumer Protection Act (TCPA), which arose from calls allegedly received by plaintiff after he registered his cellular phone with the national “Do Not Call Registry”.

  79. Alert

    Court Affirms Dismissal Under FAPA of Timely Restarted Foreclosure

    December 20, 2024

    Read Time: 2 mins

    On December 12, 2024, the Appellate Division, Third Department affirmed the trial court’s retroactive application of the Foreclosure Abuse Prevention Act (FAPA) to dismiss a foreclosure action as time-barred even though it was timely recommenced under the pre-FAPA “savings statute,” CPLR § 205(a). The court also declined plaintiff’s constitutional challenge, which was not preserved for appellate review.

  80. Alert

    EPA’s Ban on TCE and PERC: A Historic Regulatory Milestone

    December 18, 2024

    Read Time: 3 mins

    On December 9, 2024, the U.S. Environmental Protection Agency (EPA) issued a landmark rule banning trichloroethylene (TCE) and perchloroethylene (PERC), two widely used industrial solvents associated with significant health risks, including cancer and neurological damage. The ruling, finalized under the Toxic Substances Control Act (TSCA), marks a pivotal step in public health protection, impacting industriesMore

  81. Alert

    CFPB’s Designation of Large Digital Wallets Subject to Supervision: Game Changer or Much Ado About Nothing?

    December 18, 2024

    Read Time: 4 mins

    The Consumer Financial Protection Bureau (CFPB) recently finalized a rule that will subject the country’s most active digital wallets to ongoing supervision by the agency. Will the CFPB’s new supervisory authorities be a game changer, or is this action much ado about nothing?

  82. Alert

    “Junk Fee” Revolution Continues: FTC Prohibits “Junk Fees” in Live-Event Ticketing and Short-Term Lodging Industries

    December 18, 2024

    Read Time: 3 mins

    The Federal Trade Commission (FTC) finalized its “Rule on Unfair or Deceptive Fees” (Junk Fees Rule) designed, the FTC noted, to prohibit bait-and-switch pricing and mandate clear and conspicuous price disclosures in the live-event ticketing and short-term lodging industries. While similar in nature to some of the junk fee rules finalized by the Consumer Financial Protection Bureau (CFPB), the FTC’s Final Rule targets industries outside of the CFPB’s authority and highlights the Biden Administration’s continued focus on all-things junk fees, even in the waning moments of the Biden presidency.

  83. Alert

    Standing Requirements Under FCRA Clarified by Second Circuit

    December 17, 2024

    Read Time: 2 mins

    On December 6, 2024, federal courts in the United States Second Circuit issued a pair of decisions clarifying that borrowers must identify a concrete injury caused by the dissemination of inaccurate information to establish standing to assert claims for violations of the Fair Credit Reporting Act (FCRA).

  84. Alert

    Corporate Transparency Act Burden Highlighted by Certain Holding Company Structures

    December 17, 2024

    Read Time: 9 mins

    On December 3, 2024, the Eastern District of Texas issued an order granting a nationwide preliminary injunction that (1) enjoins the CTA, including enforcement of that statute and regulations implementing its beneficial ownership information reporting requirements, and (2) stays all deadlines to comply with the CTA’s reporting requirements.

  85. Event

    Deep Dives Presents: Open Banking Webinar

    January 15, 2025

    Read Time: 1 min

    Join McGlinchey's Deep Dives series for an in-depth exploration of open banking, a transformative trend reshaping financial services.

  86. Alert

    The Push to Strengthen NOx Emission Limits Before President Biden’s Term End: Will It Survive the 90-Day Comment Period?

    December 17, 2024

    Read Time: 5 mins

    The U.S. Environmental Protection Agency (EPA) proposed new standards on November 22, 2024, to significantly tighten nitrogen oxides’ (NOx) emission limits from fossil fuel-fired stationary combustion turbines. These proposed regulations, targeting new, modified, and reconstructed units, aim to address persistent ozone pollution and mitigate public health risks. EPA’s rationale, technical considerations, and projected impacts are not likely to withstand the challenges from industry.

  87. Alert

    The CFPB’s Credit Card Late Fee Rule Appears Doomed

    December 13, 2024

    Read Time: 2 mins

    On December 6, 2024, the United States District Court for the Northern District of Texas denied a motion by the Consumer Financial Protection Bureau (CFPB) to dissolve a preliminary injunction that had enjoined its Credit Card Late Fee Final Rule, finding that the various challengers to the rule were likely to succeed on the merits of their challenges.

  88. Alert

    Nevada Adopts Student Loan Servicer and Private Education Lender Regulations

    December 10, 2024

    Read Time: 4 mins

    At the beginning of 2024, Nevada began to require companies that service student loans to obtain a license and comply with numerous operational requirements. The law also regulates companies that make or hold private education loans.[1] After numerous rounds of proposed rulemaking, the Nevada Department of Financial Institutions (DFI) issued implementing regulations on November 15, 2024, that address the process to obtain and maintain a servicer license, seek approval to operate as a federal student loan servicer, create a new limited purpose exemption to the lender license, and establish new substantive regulations that apply to servicers and lenders.

  89. Alert

    And Now We Wait – DOJ Appeals to Fifth Circuit and FinCEN Makes a Statement on CTA Preliminary Injunction

    December 9, 2024

    Read Time: 2 mins

    On December 5, 2024, the DOJ, on behalf of the Department of the Treasury, filed a Notice of Appeal to the Fifth Circuit challenging the nationwide preliminary injunctive relief from compliance with the reporting obligations under the Corporate Transparency Act.

  90. Alert

    Litigation Byte (November Edition)

    December 5, 2024

    Read Time: 2 mins

    Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business. 

  91. Alert

    Court Rejects Conclusory Allegations of Willful Violations for FCRA Claims

    December 5, 2024

    Read Time: 3 mins

    A United States Magistrate Judge for the U.S. District Court for the Northern District of Georgia found that Plaintiff’s claim arising under the Fair Credit Reporting Act (FCRA) was not sufficiently alleged but stopped short of recommending a Defendant’s motion to dismiss be granted. Instead, it was recommended that the pro se plaintiff be directed to file an amended complaint describing in greater detail how the defendant acted willfully when accessing the Plaintiff’s consumer report.

  92. Alert

    Now What?  – Texas Court Nationally Enjoins Corporate Transparency Act as “Likely Unconstitutional”

    December 5, 2024

    Read Time: 2 mins

    On December 3, 2024, the U.S. District Court for the Eastern District of Texas entered into a nationwide preliminary injunction against the enforcement of the CTA and compliance with BOI reporting requirements to the U.S. Department of the Treasury's FinCEN.

  93. Alert

    FCRA Claims Survive Dismissal Over Challenges to Standing and Statute of Limitations

    December 4, 2024

    Read Time: 2 mins

    A recent opinion from a federal court in North Carolina emphasizes how difficult it is to succeed on a motion to dismiss a lawsuit arising under the Fair Credit Reporting Act (FCRA). Rejecting a challenge to a plaintiff’s standing and the timeliness of the FCRA claims, the court denied the motion to dismiss and reminded the parties about their mediation obligations.

  94. Alert

    Delegation Clause + Mass Arbitration Protocol = Unconscionable Arbitration Agreement

    November 25, 2024

    Read Time: 3 mins

    Recently, the Ninth Circuit Court of Appeals affirmed a district court’s decision finding a delegation clause in an arbitration agreement to be both procedurally and substantively unconscionable and, moreover, that California’s prohibition on class action waivers contained in adhesion contracts is not preempted by the Federal Arbitration Act (FAA).

  95. Alert

    Trump’s Second Term and its Potential Impact on the Bona Fide Prospective Purchaser (BFPP) Defense Under CERCLA

    November 25, 2024

    Read Time: 3 mins

    CERCLA aims to facilitate cleanup and accountability in hazardous waste sites. Trump’s second term may influence environmental law enforcement, regulation, and judicial interpretation, potentially altering the application and robustness of the BFPP defense.

  96. Alert

    District Court Dismisses FDCPA and TILA Claims Against Mortgage Servicer

    November 20, 2024

    Read Time: 2 mins

    On November 14, 2024, the United States Court for the District of Arizona dismissed a pro se litigant’s claims against Sun West Mortgage Company, Inc. (Sun West) and Cody N. Crosier, foreclosure counsel for Sun West (collectively, Defendants) for, inter alia, alleged violations of the Fair Debt Collections Practice Act (FDCPA), 15 U.S.C. § 1692 and the Truth in Lending Act (TILA), 15 U.S.C. § 1640(k). The court ruled that a third party could foreclose on a property after the original lender sold its interest in the promissory note and deed of trust associated with the property.

  97. Alert

    Potential Impacts on EPA Superfund Program During Trump’s Second Term

    November 19, 2024

    Read Time: 4 mins

    The Environmental Protection Agency’s (EPA) Superfund Program is a cornerstone of the United States’ efforts to remediate contaminated sites and protect public health. The Superfund Program under President-Elect Donald Trump’s second term can be projected based on the policies enacted during his first term, including budget priorities, deregulation efforts, and shifts in environmental governance. While some gains in efficiency and site remediation were highlighted during Trump’s first term, the broader focus on deregulation and resource limitations may pose challenges to long-term environmental goals.

  98. Green Leaf Brief Blog

    Podcast: Denial of Tax Deductions for Marijuana Businesses – Who is this Inter-Loper to Section 280E?

    November 19, 2024

    Read Time: 12 mins

    Podcast: Denial of Tax Deductions for Marijuana Businesses – Who is this Inter-Loper to Section 280E?

  99. Published Article

    Restoring Fair Notice: It Is Time to Revisit Alabama’s Pleading Standard

    November 18, 2024

    Read Time: 1 min

    Member Dylan Reeves (Nashville) published an article, “Restoring Fair Notice: It Is Time to Revisit Alabama’s Pleading Standard,” in Issue 1, Volume 54 of the Cumberland Law Review. Liberalizing pleading requirements was an admirable goal when Alabama adopted the Alabama Rules of Civil Procedure in 1973. Alabama’s historic pleading standard required that its courts construeMore

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