Consumer Financial Services Litigation

Consumer Financial Services Litigation
Alternate image for Consumer Financial Services Litigation

Our Work

Industries

Services

Insights

  • Florida Amends GAP Law and Paves Way to Sell and Finance Innovative Ancillary Products

    On May 6, 2024, Florida enacted SB 902, modifying provisions in the Motor Vehicle Retail Sales Finance Act governing guaranteed asset protection (GAP) products, creating the “Florida Vehicle Value Protection Agreements Act,” and establishing requirements applicable to excess wear and use waivers for motor vehicle leases. Florida SB 902 will take effect on October 1, 2024.

  • JAMS Announces New Mass Arbitration Rules and Procedures

    Following in the footsteps of the American Arbitration Association (AAA), JAMS recently announced the creation of its own mass arbitration procedures and guidelines, designed, in part, “to facilitate the fair, expeditious, and efficient resolution of mass arbitrations.” 

  • NJ District Court Underscores Limits of “Safe Harbor” Protection Under Regulation F

    On May 7, 2024, the United States District Court for the District of New Jersey issued a decision holding that the use by a debt collector of the Model Form validation notice under Regulation F does not guarantee compliance with the requirements of 15 U.S.C. § 1692g or other sections of the Fair Debt Collection Practices Act (FDCPA).[1] Consequently, the court joined “several other district courts in finding that compliance with Regulation F and the CFPB's Model Form in and of itself does not provide a ‘safe harbor’ from all alleged violations of the FDCPA.”  

  • SCOTUS Unanimous: Order Compelling Arbitration Requires Court to Stay, not Dismiss Case

    The Supreme Court unanimously held that when a district court compels claims to arbitration and a party has requested a stay under section 3 of the FAA, the district court is required to stay the case, and lacks the discretion to dismiss the suit outright.

  • FDUTPA Dismissal: Implications for Non-Consumer Plaintiffs

    On April 4, 2024, the Middle District of Florida dismissed a non-consumer plaintiff’s Florida Deceptive and Unfair Trade Practices Act (FDUTPA) claim for failure to plead injury to consumers. This ruling underscores the stringent requirements for non-consumer plaintiffs under the FDUTPA, highlighting the challenges of navigating consumer protection laws in cases of alleged unfair competition.

  • View All