Published: March 23, 2020

On March 7, 2020, Governor Cuomo issued Executive Order No. 202.9 (the :Order") which sought to modify New York Banking Law to deem "an unsafe and unsound business practice" if any bank, subject to the Department of Financial Services (the "Department"), fails to "grant a forbearance to any person or business who has a financial hardship as a result of the COVID-19 pandemic for a period of ninety days."

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Published: March 20, 2020

While the TCPA often feels limitless in its scope, one New Jersey District Court recently dismissed a putative class action brought by an investigator hired by an attorney to prepare potential TCPA claim. The plaintiff, Mark Leyse, was paid $60 an hour to place investigative calls to various companies and gather facts for potential TCPA actions. During those calls, Leyse gave a false name and asked about the number of calls the company placed per day.  Leyse secretly recorded the calls and provided them to his attorney who would then file TCPA claims using the information Leyse obtained in his investigations.   

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Published: February 20, 2020

If your company’s marketing strategy involves communicating with prospective or existing clients via phone calls and text messages, you are probably familiar with the Telephone Consumer Protection Act (“TCPA”).

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Published: January 24, 2020

In 2019, two putative class actions were filed in New York by plaintiffs seeking to build off the Second Circuit’s decision in Madden v. Midland Funding, LLC, 786 F. 246 (2d Cir. 2015).

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Published: January 3, 2020

In December 2019, the Consumer Financial Protection Bureau (CFPB) issued its Supervisory Highlights covering its findings from examinations in the areas of credit reporting and the furnishing of credit information to consumer reporting agencies (CRAs). The following are a few of the key takeaways from the CFPB’s findings and comments.

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Published: December 4, 2019

In a recent unpublished opinion, Maisano v. LVNV Funding, LLC, No. A-1775-18T2, 2019 WL 6341035 (App. Div. Nov. 27, 2019), the New Jersey Appellate Division upheld the trial court’s order compelling Maisano (the “consumer”) to arbitrate his claims against LVNV Funding, LLC (“defendant”).

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Published: November 12, 2019

The U.S. Supreme Court has already agreed to a consider in the matter of Seila Law v. CFPB whether the for-cause requirement for the President’s dismissal of the Consumer Financial Protection Bureau’s (“CFPB”) director is unconstitutional as a violation of the separation of powers.

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