Published: February 19, 2019

Two significant decisions on the issue of standing to sue were handed down by the Illinois courts on January 25, 2019. Both of them offer significant assistance to the plaintiff’s class action bar by easing the requirements for alleging standing, thereby encouraging the filing of more cases against consumer financial institutions.

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Published: February 11, 2019

The CFPB’s proposed amendments to its Payday, Vehicle Title, and Certain High-Costs Installment Loans Rule have changes that are generally disliked by consumer advocacy groups and applauded by them as well.

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Published: January 21, 2019

On January 7, 2019, the Superintendent of New York's Department of Financial Services (NYDFS), Maria Vullo, who has since been replaced by Governor Cuomo, gave a parting gift to all companies that are regulated by the DFS: Guidance on whistleblowing programs that must be part of the “comprehensive compliance program” for all DFS-regulated financial service companies. (See Whistleblower Guidance). 

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Published: January 7, 2019

While courts remain split on the scope and function of an “automatic telephone dialing system” (ATDS) under the Telephone Consumer Protection Act (TCPA), 2019 began with a well-reasoned decision limiting the scope of an ATDS and another dismissing a plaintiff’s TCPA claim based on his failure to adequately plead the defendant’s use of an ATDS in the subject communications. 

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