Litigation and Court Decisions

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On January 17, 2020, the Ninth Circuit denied the defendants’ petitions for panel and en banc rehearing in the Blair v. Rent a Center appeals, setting the stage for possible U.S. Supreme Court review of the California Supreme Court’s McGill Rule.  Under the McGill Rule, an arbitration agreement that precludes a consumer from pursuing claims…

The U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s judgment on the pleadings in favor of the defendants (a debt buyer and a collection agency) in a putative class action that alleged the defendants had violated the Fair Debt Collection Practices Act by sending the named plaintiff a collection letter identifying…

In an 8-1 decision, the U.S. Supreme Court has ruled in Rotkiske v. Klemm that the FDCPA’s one-year statute of limitations (SOL) runs from the date of the alleged violation and not from a consumer’s discovery of the violation.  The decision resolves a circuit split, with the Third Circuit having taken the position adopted by…

Last week, the defendant filed its answer brief in Bratton v. Sisters of Charity of Leavenworth Health System, Inc., an appeal now pending before the Montana Supreme Court involving a challenge to the defendant’s use of prepaid cards to make refunds to the plaintiff.  In addition, the Montana Bankers Association, the American Bankers Association,…

Many readers of our blog, Consumer Finance Monitor, have also been receiving emailed legal alerts from Ballard Spahr’s Consumer Financial Services Group about private litigation developments and decisions involving issues relevant to consumer finance.  In an effort to keep our clients even better informed, we have expanded Consumer Finance Monitor’s coverage beginning this week…

The third location of PLI’s 24th Annual Consumer Financial Services Institute will take place in PLI’s San Francisco Conference facility and via concurrent live Webcast on December 9-10, 2019 in San Francisco (and by live webcast).  PLI has extended a 25 percent discount to clients and friends of Ballard Spahr who register through the link…

A purported class action filed last week in the U.S. District Court for the Northern District of California, accuses Facebook of discriminating against women and individuals over 40 who were denied advertisements and information about certain financial services opportunities, including those for bank accounts, insurance, and investing.

According to the complaint, Facebook encourages financial…

An appeal now pending before the Montana Supreme Court could have significance for businesses that use prepaid cards to make refunds to customers.

In Bratton v. Sisters of Charity of Leavenworth Health System, Inc., the plaintiff filed a lawsuit against SCL Health (SCL), her healthcare provider, in Montana district court alleging that SCL violated…

We recently posted a discussion concerning the petitions for rehearing filed in the Blair v. Rent-A-Center appeals pending in the Ninth Circuit which raise the issue of whether the Federal Arbitration Act preempts California’s McGill Rule. The McGill Rule derives from the California Supreme Court’s ruling in McGill v. Citibank, N.A. that an arbitration agreement…