Episode 19 is now live. In this episode of Consumer Counterpoint, we discuss a trend of TCPA cases involving violations based on numbers that have been reassigned or were incorrectly input at the consent stage such that there may not be prior express consent from the recipient of the call or text. This episode explores
Consumer Counterpoint: Episode 18 – Reconsidering Arbitration: A Changing Trend
Episode 18 is now live. In this episode of Consumer Counterpoint, Kristine Argentine and Paul Yovanic examine the evolving landscape of arbitration and what it means for businesses today. The discussion explores recent developments in litigation strategy, shifting judicial perspectives, and the growing use of coordinated mass filings. They offer practical insights into when arbitration
Consumer Counterpoint Quick Take: Case from the 7th Circuit
In this Consumer Counterpoint Quick Take, Seyfarth Shaw partners Kristine Argentine and Paul Yovanic analyze a recent Seventh Circuit decision on interlocutory appeal under the Illinois Biometric Information Privacy Act. The court held that the 2024 amendments limiting recovery to a single violation per scan apply retroactively to cases filed before the statutory changes.
Unanimous Supreme Court Ruling On the Fair Debt Collection Practices Act
Seyfarth Synopsis: In a 9-0 Supreme Court ruling last week, the Court spoke to issues concerning the Fair Debt Collection Practices Act (FDCPA) and non-judicial foreclosures.
The FDCPA is intended to “eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are
The Fifth Circuit Holds That Lenders Cannot Be Held Vicariously Liable Under RESPA
In a matter of first impression, the Fifth Circuit upheld a dismissal by the Northern District of Texas holding that a lender cannot be held vicariously liable for a loan servicer’s purported violation of the Real Estate Settlement Procedures Act (“RESPA”). In upholding the decision, the Court held that the borrower failed to plead an
Supreme Court to Weigh in on Trial By Formula
Today, the U.S. Supreme Court agreed to hear an appeal challenging an almost $6 million judgment awarded in a class action case against Tyson Foods, Inc. See Bouaphakeo, et al. v. Tyson Foods, Inc., No, 12-3753 (8th Cir. 2014).
The Court will decide (1) whether, in a class or collective action, liability and damages may