Years after the expiration of the statute of limitations, homeowners can still sue lenders for allegedly violating an anti-kickback law because they plausibly alleged the lenders concealed their conduct sufficient to toll the statute of limitations. Background Each of the ...Read More »
Political organizations argued that an exception for debt collection under the autodialer ban in the Telephone Consumer Protection Act, or TCPA, represented unconstitutional content-based discrimination against other speech. The Fourth Circuit agreed but held that the exception was severable from ...Read More »
Where drug manufacturers provided adequate warnings to a patient’s treating physician but the treating physician did not make the patient aware of the risks of taking the drug, and the patient experienced a known side effect and died, the manufacturers ...Read More »
The Department of Education will not face a suit from a borrower alleging the department violated the Fair Credit Reporting Act by not conducting an investigation into the borrower’s dispute because the department has not waived its sovereign immunity ...Read More »
In reversing dismissal of a plaintiff’s claim that defendant unlawfully accessed emails in his web-based email account, the court held, in an issue of first impression, that previously opened and delivered emails stored in a web-based email client are ...Read More »
Consumer Protection – Attorneys – Debt Collection Letters – Possibility of Litigation – Confession of Judgment
The defendant-law firm’s original debt collection letter didn’t violate 15 U.S.C. § 1692g of the Fair Debt Collection Practices Act just because it mentioned that litigation could be commenced during the same period in which the plaintiff-debtor could contest the ...
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