On Friday, in a decision certain to please the business community as well as the Chair and new majority of the Federal Communications Committee, the D.C. Circuit struck down parts of the FCC’s October 30, 2014 Order, 29 F.C.C. Rcd. 13998 (FCC 14-164), requiring that solicited faxes (those sent with consent of the recipient) must … Continue Reading
By Tyler Layton and Ashley Shively on Posted in FinTech Trends
Article III of the U.S. Constitution limits federal courts’ jurisdiction to actual cases and controversies only. When a plaintiff seeks to sue in federal court despite having suffered no actual injury, the Constitution’s case or controversy requirement is not satisfied and the case cannot proceed. In other words, when a plaintiff has suffered no injury, … Continue Reading
The Consumer Financial Protection Bureau has published its long anticipated 377-page proposed rule to bar banks and regulated financial institutions from including class action waivers in mandatory arbitration provisions in consumer contracts. Mandatory arbitration clauses, and class action waivers, are pervasive in financial contracts. According to a study by the CFPB in 2015 arbitration clauses … Continue Reading
By Ashley Shively and David Reidy on Posted in Uncategorized
Financial Stability Board chairman Mark Carney has announced that global regulators are evaluating potential stability implications that emerging financial technology poses to the global financial system and hinted that a regulatory framework in some form is all but inevitable. The announcement came in a February 22, 2016 letter from Carney to the G20 Finance Ministers … Continue Reading
In a 6-3 decision issued today, the Supreme Court ruled that defendants cannot rely on a strategic offer of judgment to the named plaintiff to moot the claims of the putative class. After an unfavorable Ninth Circuit decision, U.S. Navy contractor Campbell-Ewald asked the high court to consider, inter alia, whether defendants can strategically offer … Continue Reading
The Consumer Financial Protection Bureau (CFPB) announced this week that it has filed an administrative lawsuit against defunct online lender Integrity Advance and its CEO for allegedly deceiving consumers about the cost of short-term loans. Integrity Advance was a Delaware-based online lender which originated and serviced short-term, small-value, loans to consumers. The CFPB alleges that … Continue Reading
On September 9, 2015, the Federal Trade Commission (FTC) and University of California Hastings College of Law hosted the first conference in the FTC’s “Start With Security” series. Aimed at start-ups and developers, the event featured security specialists to discuss design and development, scaling up data security as businesses grow, common security vulnerabilities, and vulnerability response. … Continue Reading
