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9th Circuit reverses dismissal of TCPA class action against social media company
On June 13, the U.S. Court of Appeals for the 9th Circuit overturned the dismissal of a TCPA putative class action against a social media company, concluding the plaintiff adequately alleged the company sent text messages using an automated telephone dialing system (autodialer) in violation of the...
InfoBytesFDIC issues first Consumer Compliance Supervisory Highlights
On June 13, the FDIC released a new publication, Consumer Compliance Supervisory Highlights , intended to provide information and observations related to the FDIC’s consumer compliance supervision activities in 2018. Specifically, the report covers approximately 1,200 consumer compliance...
InfoBytesCFPB settles with defunct schools’ student loan management company
On June 14, the CFPB announced a proposed settlement, subject to approval by a federal district court, with a company that manages student loans for a defunct for-profit educational institution resolving allegations it provided substantial assistance to the institution in engaging in unfair acts...
InfoBytesElizabeth R. Bailey quoted in DC Bar article, “2019 Banding Together: Lawyers prepare to battle on stage”
Elizabeth R. Bailey was quoted on June 17, 2019 in a DC Bar article, “2019 Banding Together: Lawyers prepare to battle on stage,” which discussed the preparation for the 16th annual Banding Together benefit concert involving lawyers in Washington, D.C. Bailey, who sings and plays keyboards with the...
In The NewsOFAC sanctions entity and two individuals for tracking weapons to IRGC and facilitating sanctions evasion
On June 12, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) imposed sanctions on a resource trading company and its two Iraqi associates, for trafficking “hundreds of millions of dollars’ worth of weapons” to the Iraq-based Islamic Revolutionary Guard Corps (IRGC) and...
InfoBytesOFAC adds Syrian developer and related businesses to Specially Designated Nationals List
On June 11, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced additions to the Specially Designated Nationals List pursuant to Executive Orders (E.O.) 13573 and 13582. OFAC’s additions to the list include 13 entities and three individuals associated with an...
InfoBytesDemocratic Senators ask regulators about fintech discriminatory lending
On June 10, Senators Elizabeth Warren (D-Mass.) and Doug Jones (D-Ala.) wrote to the Federal Reserve Board, the OCC, the FDIC, and the CFPB requesting information regarding the role the regulators can play in ensuring that fintech companies serve consumers on a nondiscriminatory basis. The letter...
InfoBytesDistrict Court denies summary judgment for auto financing company in TCPA action
On June 12, the U.S. District Court for the Northern District of Illinois denied an auto financing company’s renewed motion for summary judgment and request for reconsideration, concluding that the company’s calling system falls within the definition of automatic telephone dialing system (...
InfoBytes11th Circuit: Motion to reschedule foreclosure does not violate RESPA
On June 11, the U.S. Court of Appeals for the 11th Circuit affirmed the dismissal of a RESPA action against a mortgage servicer, concluding that rescheduling a foreclosure sale is not a violation of Regulation X’s prohibition on moving for an order of foreclosure sale after a borrower has submitted...
InfoBytesCalifornia District Court says payday lender’s arbitration provision is unconscionable
On June 10, the U.S. District Court for the Southern District of California denied a national payday lender’s motion to compel arbitration, agreeing with plaintiffs that the arbitration provision in their loan agreement was unenforceable because it was procedurally and substantively unconscionable...
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