Consumer Financial Services Litigation

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  • Introduction: A Deep Dive into the Fair Credit Reporting Act

    The Fair Credit Reporting Act (FCRA) impacts every aspect of a U.S. consumer’s life. Consumer reports are obtained by lenders, employers, landlords, and even utility companies, impacting the cost of credit and everyday services, as well as the ability to obtain employment or access housing.

  • Default Mortgage Servicing of Litigated Matters in the COVID-19 Era

    Shanna Boughton (Boston), Patrick Voke (Boston), and Dennis Amore (New York City) co-authored an article summarizing some of the regulatory developments affecting default mortgage servicers and further considerations for handling default litigation in the ABA Business Law Section’s The Business Lawyer, Volume 76, Issue 2, Spring 2021.

  • Supreme Court decision provides clarity on TCPA

    Attorneys Joe Apatov (Ft. Lauderdale) and Aaron Kouhoupt (Cleveland) were quoted in an April 7 article in Auto Finance News detailing the specifics of the Supreme Court's decision in the Facebook v. Duguid case.

  • SCOTUS clarifies “autodialer” definition in Facebook TCPA decision

    On April 1, 2021, the Supreme Court held in a 9-0 decision that an “automatic telephone dialing system” is a device that has the capacity either to store a telephone number using a random or sequential generator, or to produce a telephone number using a random or sequential number generator. As a quick refresher: the Telephone Consumer Protection Act (TCPA) restricts certain calls made by an “auto dialer,” which the TCPA defines as equipment which has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator and to dial such numbers.”

  • Podcast: Is the TCPA Unconstitutional?

    The Telephone Consumer Protection Act (TCPA) is always the subject of litigation. The United States Supreme Court recently ruled that the government debt exception, which was added to the statute in 2015, was unconstitutional. Can the Court's recent ruling be interpreted to mean the entirety of the TCPA has been unconstitutional since 2015?

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