• 08.05.19

    Effectively Responding to State Regulatory Exam Criticisms: Five Takeaways

    With the prospect of a downturn in the economy getting ever so closer, the time is right for executive management teams and boards of directors of financial institutions to review and reassess how they are going to prepare for and respond to regulatory examination criticisms, whether that be in the ...

  • 08.05.19

    Fourth Circuit Affirms $61M Award Against Dish

    Affirming a North Carolina federal court’s judgment awarding $61 million in damages for Telephone Consumer Protection Act (TCPA) violations, the U.S. Court of Appeals, Fourth Circuit, rejected Dish Network’s attempts to evade the award.

  • 08.05.19

    Defendants Dodge Vicarious Liability in Sixth Circuit

    The U.S. Court of Appeals, Sixth Circuit, recently weighed in on a third party’s potential Telephone Consumer Protection Act (TCPA) liability for assistance to telemarketers.

  • 08.05.19

    California Court Compels Arbitration in TCPA Dispute

    In a victory for a Telephone Consumer Protection Act (TCPA) defendant, a California federal court granted a motion to compel arbitration based on an agreement found in hyperlinked terms and conditions.

  • 08.05.19

    Plaintiff Earns Summary Judgment Based on Defendant’s “Making” of Calls

    A New York federal court granted summary judgment in favor of the plaintiff for a total of 55 calls, finding no merit in the defendant’s contention that the plaintiff failed to provide evidence that each of the calls was received.

  • 08.05.19

    Manatt’s Continuing Coverage on Significant Post-ACA International Developments

    Over a year after the ACA International (ACA) decision from the D.C. Circuit that changed the face of litigation in the Telephone Consumer Protection Act (TCPA) world by striking down the Federal Communication Commission’s (FCC’s) 2015 automatic telephone dialing system (ATDS) guidance, ...

  • 08.01.19

    Congress and Administration Consider Significant Drug Pricing Policy Changes

    In both chambers of Congress, passing legislation to bring down drug prices is a policy priority—and the savings from such possible legislation is slated to offset other healthcare legislative proposals (such as addressing impending Medicaid Disproportionate Share Hospital (DSH) allotment ...

  • 07.31.19

    California Legislature Advances Changes to Financing Law

    A closely watched bill that would have a significant impact on the financial services industry continues to advance through the California Legislature, although a second measure that would regulate lead generators has stalled.

  • 07.31.19

    CFPB's Latest Proposed Rulemaking (TILA/HMDA) Focused on Mortgage Markets

    It has been an unusually busy rule-making stretch for the consumer mortgage markets at the Consumer Financial Protection Bureau (CFPB or Bureau), marked by its issuance of an advanced notice of proposed rule-making (ANPR) relating to its proposal to allow expiration of the temporary qualified ...

  • 07.31.19

    Will GOP Credit Reporting Bill Gain Bipartisan Support?

    Credit reporting companies would be subject to supervision and examination authority by the Consumer Financial Protection Bureau (CFPB) and would be barred from using Social Security numbers, under new legislation proposed by Rep. Patrick McHenry (R-N.C.).