The United States Court of Appeals for the Sixth Circuit, in a case spanning fourteen years, has held that consumers alleging a violation of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C.A. § 1681e(b), must allege actual harm to sue under the statute. A claim for...
The United States Court of Appeals for the Third Circuit has added to the growing body of law regarding what can and cannot appear on the envelope for a debt collection letter under the Fair Debt Collection Practices Act (“FDCPA”). The FDCPA, 15 U.S.C.A. §...
In Source One Financial Corporation v. Geico Indemnity Company (Memo and Order June 30, 2021), the United States District Court for the District of Massachusetts allowed the motion if Geico Indemnity Company, the defendant, to dismiss, determining that Source One...
In two recent cases, the U.S. District Court for the District of Massachusetts has rejected attempts to throw out consumer protection lawsuits for failure to follow the strict mandates of the Chapter 93A demand letter requirement. Massachusetts’ Consumer Protection...
The United States District Court for the District of Massachusetts recently dismissed claims against two foreign corporations which owned and operated a ship which damaged a pier in Boston Harbor in 2017, in American Home Assurance Company v. M/V One Helsinki f/k/a...
In Davae v. Davae, the husband was a licensed physician, board-certified in the field of diagnostic radiology. While practicing at a medical center, the husband started a teleradiology business. The husband left his hospital practice and started working at his...
In American Institute for Foreign Study, Inc. v. Fernandez-Jimenez, the First Circuit recently affirmed a preliminary injunction enjoining class arbitration because, while the agreement required the parties to arbitrate their disputes, it did not authorize class...
In accordance with federal regulations (i.e., 45 CFR, § 302.56), the Massachusetts Child Support Guidelines Task Force has completed its quadrennial review of the Massachusetts Child Support Guidelines (“Guidelines”). On August 2, 2021, the Trial Court released...
On July 9, 2021, President Biden issued an executive order that could spell changes for banking regulation. The Executive Order’s stated purpose is to promote a “fair, open, and competitive marketplace” and the Order asserts that “in the financial-services sector,...
Relying on the United States Supreme Court’s decision in Facebook, Inc. v. Duguid, the United States District Court for the Western District of North Carolina has found that Bank of America, N.A.’s system used to place alleged debt collection calls does not qualify as...
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