Litigation

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June 4, 2026 by David N. Anthony in Legislation

The Governor’s Veto of Virginia’s Proposed Class Action Bill: What Businesses Should Know

On May 19, Virginia Governor Abigail Spanberger (D) indicated that she intends to veto SB 229, a pending bill which would have created a Virginia state court class action mechanism...

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February 19, 2026 by Orrick, Herrington & Sutcliffe LLP in Credit Reporting

District Court Allows Consumer Credit Reporting Lawsuit to Proceed

Recently, the U.S. District Court for the Northern District of Illinois denied a joint motion to dismiss filed by three credit reporting agencies in a case involving alleged violations of the FCRA. The litigation,...

February 5, 2026 by Brian Hays, Stefanie Jackman in Litigation

Ninth Circuit Holds that Texts Are “Calls” Under the TCPA But Embedded Videos Are Not Recorded Messages

On January 13, the U.S. Court of Appeals for the Ninth Circuit issued a decision in Howard v. Republican National Committee (RNC) offering two important interpretations of the applicability of the Telephone...

November 20, 2025 by Jason Cover in Collections Strategy

Earned Wage Access Product Deemed Credit Under MLA, Leading Federal District Court to Deny Motion to Compel Arbitration

Last week, the U.S. District Court for the Northern District of California denied Empower Finance’s motion to compel arbitration in a class action lawsuit concerning its earned wage access (EWA)...

October 23, 2025 by Sessions, Israel & Shartle in Compliance

The “New” FTC Drops 5th Cir. Appeal, Instead: FTC Issues Public Request for Information on Noncompete Agreements

Noncompetes, the forbidden fruit? May employers enjoy a bite of the non-compete apple without being banished from the orchard? For now, historical form non-competes will not be subject to federal...

September 18, 2025 by Virginia Bell Flynn in Collections Strategy

Understanding California Senate Bill 940

California Senate Bill 940 (SB 940), enacted in late 2024, introduces several key changes to arbitrations involving “consumer contracts,” which is defined as a contract prepared by a seller and signed by...

September 11, 2025 by Missy Meggison in Communication

No Shotgun Pleadings, says court

The District Court in Alabama – a common venue for certain consumer attorneys – isn’t mincing words when it comes to how consumers must plead Fair Debt Collection Practices Act...

August 27, 2025 by Sessions, Israel & Shartle in Communication

NJ Debt Collectors Win Big: Maybe The End Of Hunstein In NJ State Court?

After the Eleventh Circuit ruling in 2021 with Hunstein v. Preferred Collection Services, finding that debt collectors violated the FDCPA by using a third-party to print and mail letters, Hunstein filing mania broke out...

May 28, 2025 by David N. Anthony in FCRA

Fourth Circuit Issues Ruling on Furnisher’s Duty to Investigate Legal Disputes Under FCRA

On March 14, the U.S. Court of Appeals for the Fourth Circuit issued a ruling addressing the obligations of furnishers under the Fair Credit Reporting Act (FCRA) to conduct reasonable investigations of...

April 2, 2025 by Stefanie Jackman, Ethan G. Ostroff in Compliance

Sixth Circuit Affirms Dismissal of FDCPA Claims for Lack of Standing, But for Lack of a Causal Connection

In a recent decision, the U.S. Court of Appeals for the Sixth Circuit affirmed the dismissal of federal claims brought by a mortgagee against Trinity Financial Services, LLC (Trinity) under the Fair...