Account Recovery

OCTOBER 11, 2022

Collector Facing Class Action for Credit Reporting Notification in Letter; Confusion over Article III Standing Grows appeared first on AccountsRecovery.net. JUDGE GRANTS MSJ FOR DEFENDANT IN FCRA, … The post Daily Digest – October 11.

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Public Citizen

NOVEMBER 16, 2021

This Article demonstrates that for two decades an adjacent line of cases—Alexander v. The Court apparently believed itself incapable of policing the distinction. The Court’s lack of confidence in its own ability to avert congressional manipulation is misplaced. Sandoval and Gonzaga v.

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Troutman Sanders

APRIL 27, 2023

Please join Troutman Pepper Partner Chris Willis and his colleagues Jonathan Floyd and Meagan Mihalko as they discuss recent trends in Article III standing in the federal courts. Transcript: Recent Trends in Article III Standing (PDF)

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Account Recovery

FEBRUARY 3, 2021

The practice is “so lucrative” that some hospitals use debt collection companies … The post Article Details How Hospitals Are Using Lien Laws to Bill Accident Victims Instead of Their Insurance appeared first on AccountsRecovery.net.

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Nerd Wallet

AUGUST 30, 2022

To create a new corporation, you’ll need to file articles of incorporation. Articles of incorporation, also known as certificate of incorporation or corporate charter, are a legal document. Email: articles@nerdwallet.com. The article What Are Articles of Incorporation and How to File Them originally appeared on NerdWallet.

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McLane

APRIL 22, 2022

I recently published the following article in the Union Leader on the subject of no-contest clauses in estate plans: Know the Law: What No-Contest Provisions in an Estate Plan Mean for You. Q: My mother’s estate planning documents contain something called “no-contest” provisions. What are these and how do they affect me?

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BN Lawyers

JUNE 7, 2023

Manny Newburger co-authored an article on bank failures that was published in Southwest ACA Collector Connector. You can read the article here → The post Manny Newburger Co-Authors Article on Bank Failures appeared first on Barron & Newburger, P.C.

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Troutman Sanders

FEBRUARY 24, 2023

A new Fourth Circuit decision has thrown out of federal court a state-law privacy claim where the plaintiff alleged only a bare statutory violation without alleging “a nonspeculative, increased risk of identity theft,” holding that the plaintiff alleged no Article III injury. As background to the February 21, 2023 decision in O’Leary v.

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Public Citizen

SEPTEMBER 23, 2021

Using recently developed litigation-analytics tools, this article presents the first nationwide study of these “assembly-line plaintiffs,” examining millions of cases across hundreds of jurisdictions. This pattern raises serious concerns.

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Collections 81

Public Citizen

AUGUST 29, 2021

This Article develops a new holistic framework for understanding these opaque consumer contracts. To conceptualize the various non-transparent ways in which firms use consumer contracts, the Article develops the notion of Dark Contracts. Part I of this Article explains what Dark Contracts are.

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McLane

AUGUST 15, 2022

The following article was published in the Union Leader on August 7, 2022: Know the Law: Let’s Move This Along – Accelerating Limitations Periods in Trust Administration. Q: How can trustees reduce the limitations periods for challenges to the trust instrument or the trustee’s administration?

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Burr Forman

MARCH 1, 2024

The Third Circuit Court of Appeal recently weighed in on the burgeoning number of cases alleging that debt collector use of mailing vendors requires communication with a third party about consumer debt that violates the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C.

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Fair Debt Collection Debt collector Collections 52

Burr Forman

OCTOBER 15, 2021

Burr & Forman Partner, Melissa Azallion Kenny, lends her years of experience as an immigration, labor and employment lawyer in a LOCALBiz article, “You’re Fired: Letting someone go, legally.” Read the full article here for policies and practices surrounding letting employees go legally.

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Click Notices

MARCH 2, 2020

ClickNotices was recently featured in an article by City Lab, a media company run by Bloomberg. The article, titled “Landlords Are Using Next-Generation Eviction Tech,” written by Kriston Capps, takes a deep dive into the importance of eviction technology in property management today. .

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McLane

JULY 1, 2022

The following article was published in the Union Leader on November 7, 2021: Know the Law: Emails, Texts and iPhones: Preserving Devices, Communication in Probate Litigation. Q: My mom passed away a few months ago, and my sister is challenging the estate plan. She is asking for my mom’s texts and emails.

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Troutman Sanders

OCTOBER 20, 2023

Court of Appeals for the Third Circuit issued a decision rejecting a district court’s finding that the so-called informational injury doctrine established Article III standing for the named plaintiff and putative class in a class action brought under the Fair Debt Collection Practices Act (FDCPA).

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Public Citizen

APRIL 12, 2022

Here's the abstract: This Article investigates everyday race discrimination while shopping in clothing stores of different price ranges. I think this is a very important article and I hope the findings lead to changes in the law. Meirav Furth of UCLA and Tel-Aviv University has written R etail Race Discrimination.

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Troutman Sanders

JANUARY 31, 2023

Federal courts across the country continue to divest themselves of Fair Debt Collection Practices Act (FDCPA) cases following the Supreme Court’s salient Article III standing decision in TransUnion LLC v. The court then turned to the plaintiff’s allegations of monetary harm.

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Troutman Sanders

JULY 27, 2023

Last month, Judge Gibney of the Richmond Division of the Eastern District of Virginia dismissed one such data breach class action case for a more basic problem: the named plaintiffs could not demonstrate they had suffered any concrete injury sufficient to establish Article III standing at all, let alone damages that could be proven classwide.

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Public Citizen

FEBRUARY 23, 2022

This Article shines light on these issues by conducting an empirical study of forced remote arbitration. Finally, the Article explains how its findings can help lawmakers and judges regulate and monitor forced remote arbitration. This trend threatens to make the controversial topic of forced arbitration even more fraught.

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Public Citizen

AUGUST 22, 2021

Here is the abstract: Although the first legal conceptions of commercial privacy were identified in Samuel Warren and Louis Brandeis’s foundational 1890 article, The Right to Privacy, conceptually, privacy has existed since as early as 1127 as a natural concern when navigating between personal and commercial spheres of life. & Tech.

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Jimerson Firm

JULY 12, 2021

On Friday, July 9, 2021, the Miami Herald covered the Surfside condo collapse in their latest news article, “ Condos’ reserve funds, delayed repairs under new scrutiny since Surfside tragedy.” Klas is the state Capitol bureau chief for the Miami Herald, and Ceballos is a politics and policy reporter for the Miami Herald.

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Public Citizen

MAY 15, 2021

Intellectual property scholars have critiqued other forms of postmortem IP, such as copyright and publicity rights, but this article shows that posthumous endorsement rights pose unique and largely unaddressed concerns.

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NCBA Law Practice Management Blog

JUNE 23, 2023

One of the biggest issues attorneys have with developing effective content marketing profiles is that they can’t find the time to write or produce the content they ultimately need to distribute. That’s always been the sticking point.

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Public Citizen

AUGUST 14, 2021

This Article proposes a novel solution: courts of appeals should hear class actions themselves. This Article is the first to examine nascent experiments with appellate class actions. While appellate class actions might sound like a strange procedural innovation, appellate courts already have power do this.

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Public Citizen

JANUARY 24, 2021

My new article is now up on SSRN: Six Scandals: Why We Need Consumer Protection Laws Instead of Just Markets. This article tests the claim that the market provides consumer protection by examining several recent incidents in which companies mistreated consumers and then exploring how the companies’ sales to consumers fared.

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Banks 96

McLane

JULY 1, 2022

The following article was published in the Union Leader on August 1, 2021: Know the Law: Getting Credit – Creditor Claim Process and Deadlines. Q: Before my mom died, I took care of her. I spent about 10 hours per week providing caregiving services and coordinating medical visits and a schedule of visiting nurses.

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Public Citizen

JULY 6, 2021

I have revised my article, Six Scandals: Why We Need Consumer Protection Laws Instead of Just Markets , to take into account the many helpful comments I received at the Berkeley Consumer Law Scholars Conference.  The article’s second goal is to begin construction of a theory on when the market does or does not protect consumers.

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TCPA

JANUARY 11, 2023

The District Court for the Southern District of Florida recently dismissed a TCPA lawsuit for lack of Article III standing, holding that five unsolicited text messages did not constitute a concrete injury. Global Motivation, Inc., __ F. … Continue reading →

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Public Citizen

DECEMBER 12, 2021

This Article reconsiders the traditional, all-or-nothing choice between tort and contract law to govern injury from different sorts of consumer products. With consumer finance contracts, borrowers enjoy scant common law protection. And yet both consumer goods and consumer contracts may be dangerously defective “products.”

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Burr Forman

SEPTEMBER 9, 2022

19-14434, the Eleventh Circuit Court of Appeals issued an en banc decision which departs significantly from the panel decision on Article III standing issues and statutory causes of action. Preferred Collection and Management Services, Inc. ,

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Public Citizen

DECEMBER 31, 2020

Against this backdrop—and at a time when Prop 65 faces a live preemption threat in Congress—this Article tells a new story about the law’s considerable benefits in reducing exposure to toxic chemicals. Both features make the law recurrently vulnerable to weakening in Sacramento and preemption in Washington, D.C.

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Public Citizen

JULY 21, 2021

Here is the abstract: This article is about the views that shape and constrain the development of consumer law. In this article, I offer an alternative explanation. Vijay Raghavan of Brooklyn has written Consumer Law's Equity Gap, Utah Law Review (forthcoming 2022). Consider the market for short-term, high-cost loans.

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Public Citizen

DECEMBER 11, 2020

This Article proposes refining online immunity by limiting it to claims that threaten to impose a content-moderation burden on internet defendants. But content distribution is not the internet’s only function, and it is even less so now than it was in 1996.

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Price Meese

OCTOBER 11, 2021

Martin is proud to announce his most recent article for the Community Associations Institute’s magazine Community Trends. The post Partner Thomas Martin’s article published in Community Trends magazine appeared first on Price, Meese, Shulman & D’Arminio, PC. Partner Thomas C.

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Public Citizen

SEPTEMBER 3, 2020

Stripping down fintech’s predatory practices and showing them for what they really are, this Article situates fintech in the context of this country’s longstanding dual banking wars, both between states and the federal government and between consumer advocates and banking regulators.

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TCPA

DECEMBER 6, 2022

Recently, the Eleventh Circuit remanded a TCPA suit for the district court to rule on Article III standing, finding that the trial court should have addressed the standing issue because plaintiffs failed to plead the number of telephone calls allegedly … Continue reading →

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