The U.S. Court of Appeals for the Third Circuit recently ruled that the application of Pennsylvania usury laws to auto title loans made to Pennsylvania residents who travel outside of Pennsylvania to obtain such loans does not violate the Commerce Clause of the U.S. Constitution. The decision could have significant implications for all providers of consumer credit whose operations involve cross-border lending.… Continue Reading
Burt M. Rublin
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SCOTUS agrees to review FCRA class action judgment where most class members suffered no actual injury
By Burt M. Rublin on
Posted in Fair Credit, Litigation and Court Decisions
The Supreme Court has granted certiorari to review a $40 million class action trial judgment for statutory and punitive damages under the Fair Credit Reporting Act, and its forthcoming decision later this Term will likely be the Supreme Court’s most important ruling in the consumer financial services space since its 2016 ruling in Spokeo, Inc.… Continue Reading
Rehearing en banc sought in case prohibiting class representative incentive awards
By Burt M. Rublin on
Posted in Litigation and Court Decisions
In Johnson v. NPAS Solutions, LLC, 2020 U.S. App. LEXIS 29682, 2020 WL 5553312 (11th Cir. Sept. 17, 2020), a panel of the Eleventh Circuit Court of Appeals ruled 2-1 that incentive awards to class representatives are impermissible.
A petition for rehearing en banc has been filed by the plaintiff. … Continue Reading