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Articles by Joel E. Tasca
Greenberg Traurig’s Michael J. Bonner Honored by Las Vegas Regional Economic Partnership
LAS VEGAS – Oct. 16, 2026 – Michael J. Bonner, co-managing shareholder of the Las Vegas office of global law firm Greenberg Traurig, LLP, was presented with the Distinguished Leadership Award by the Las Vegas Regional Economic Partnership (LVREP), formerly the Las Vegas Global Economic Alliance (LVGEA). The Distinguished Leadership Award celebrates an individual whose leadership, vision, and influence have made a lasting impact on Southern Nevada’s economic landscape, according to the organization.
More States Mull Interest Rate Preemption and “Anti-Evasion” Legislation
Rhode Island, Minnesota, and Nevada have joined the list of jurisdictions considering proposals to legislatively opt out of federal interest rate preemption established under the federal Depository Institutions Deregulation and Monetary Control Act of 1980 (DIDMCA). Although the legal effect remains unclear, the apparent objective of these proposed laws is to prevent interest rate “exportation” by state-chartered financial institutions.
CFPB files amicus briefs in FDCPA case and also files amicus brief in FCRA case jointly with FTC
The CFPB recently filed two amicus briefs, one in a First Circuit case involving the Fair Debt Collection Practices Act (FDCPA) and the other, which was filed jointly with the Federal Trade Commission, in a Fourth Circuit case involving the Fair Credit Reporting Act (FCRA). FDCPA. The FDCPA case is Carrasquillo v. CICA Collection Agency.
Ninth Circuit rules text messages not “prerecorded voice messages” under TCPA
A unanimous panel of the U.S. Court of Appeals for the Ninth Circuit has ruled that text messages are not “prerecorded voice messages” for purposes of the Telephone Consumer Protection Act’s (TCPA) prohibition on using “an artificial or prerecorded voice” to make non-emergency calls to cell phone numbers without the called party’s consent. In Trim v.
Second Circuit rules whether alleged inaccuracy is “factual” or “legal” does not determine if claim is actionable under the FCRA
The U.S. Court of Appeals for the Second Circuit has ruled that because “there is no bright-line rule that only purely factual or transcription errors are actionable under the [Fair Credit Reporting Act (FCRA)],” the FCRA does not contemplate a threshold inquiry by the court as to whether an alleged inaccuracy is “legal” for purposes of determining whether the plaintiff has stated a cognizable claim under the FCRA.
Second Circuit rules whether alleged inaccuracy is “factual” or “legal” does not determine if claim is actionable under the FCRA
The U.S. Court of Appeals for the Second Circuit has ruled that because “there is no bright-line rule that only purely factual or transcription errors are actionable under the [Fair Credit Reporting Act (FCRA)],” the FCRA does not contemplate a threshold inquiry by the court as to whether an alleged inaccuracy is “legal” for purposes of determining whether the plaintiff has stated a cognizable claim under the FCRA.
Limited English Proficiency
The U.S. Department of Housing and Urban Development (HUD) recently announced in Mortgagee Letter 2023.13 that lenders must use the Supplemental Consumer Information Form (SCIF) of Fannie Mae and Freddie Mac in connection with FHA insured mortgage loans with application dates on or after August 28, 2023.
Ninth Circuit affirms district court’s denial of preliminary injunction to block enforcement of Nevada medical debt collection law
The U.S. Court of Appeals for the Ninth Circuit, in a 2-1 decision, recently affirmed the district court’s decision denying the plaintiffs’ motion for a temporary restraining order and preliminary injunction to block enforcement of Nevada Senate Bill 248 (S.B. 248).
Ninth Circuit panel follows circuit precedent on TCPA autodialer definition but concurring judge takes issue with precedent
A Ninth Circuit panel affirmed the district court’s dismissal with prejudice of a class action complaint in which the plaintiff alleged that Meta Platforms, Inc. (Meta) violated the Telephone Consumer Protection Act (TCPA) by sending unsolicited “Birthday Announcement” text messages to consumers’ cell phones. Among other restrictions, the TCPA prohibits calls to cell phone numbers using an Automatic Telephone Dialing System (ATDS) without prior express consent.
FCC rules ringless voicemails are subject to TCPA robocall prohibition
The Federal Communications Commission ruled this month that “ringless voicemail” to wireless phones is a “call” made using an artificial or prerecorded voice and therefore subject to the Telephone Consumer Protection Act robocall prohibition. The TCPA prohibits making any non-emergency call using an automatic telephone dialing system or an artificial or prerecorded voice to a wireless telephone number without the prior express consent of the called party.
Ninth Circuit puts new limits on aggregate statutory awards following remand of nearly $1 billion TCPA judgment
In Wakefield v. ViSalus, Inc., the Ninth Circuit considered whether a jury verdict of $925,200,000 for cumulative statutory damages under the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”) was constitutional in light of its harsh severity. After a three-day trial, the jury delivered a verdict against ViSalus, finding that it sent over 1.8 million prerecorded calls to class members without prior express consent, in violation of the TCPA.
FTC declines to extend comment period for proposed motor vehicle dealer rule
The FTC has declined requests to extend the comment period for its proposed rule that would impose a number of new substantive and disclosure requirements on motor vehicle dealers in connection with the car buying or leasing process. The FTC’s notice of proposed rulemaking (NPRM) was published in the on July 13, 2022 with a 60-day comment period that ends on September 12, 2022.
Consumer Finance Monitor
The FDIC has issued new supervisory guidance (FIL-40-2022) on multiple non-sufficient funds (NSF) fees arising from the re-presentment of the same unpaid transaction. The guidance directly applies only to state-chartered banks and thrifts that are not members of the Federal Reserve System.
Third Circuit uses “reasonable reader” standard to determine credit reports were not inaccurate or misleading under FCRA
The U.S. Court of Appeals for the Third Circuit has ruled that in determining whether a credit report is accurate or misleading under the Fair Credit Reporting Act’s “maximum possible accuracy” requirement, a district court should apply a “reasonable reader” standard. Ballard Spahr attorneys are currently representing clients in cases involving this legal issue. Bibbs v.
CFPB issues advisory opinion on FCRA permissible purpose requirement
In a new advisory opinion, the CFPB addresses the Fair Credit Reporting Act’s permissible purpose requirement as it applies to both consumer reporting agencies and users of consumer reports. Consumer reporting agencies. FCRA Section 604(a) enumerates the circumstances under which a consumer reporting agency (CRA) may provide a consumer report to a user.
FTC proposes new rule imposing prohibitions and disclosure requirements on auto-dealers in car-buying process
The Federal Trade Commission (FTC) recently proposed a rule that would impose a number of new substantive and disclosure requirements on auto-dealers in the car-buying process.
Consumer Finance Monitor
The Federal Trade Commission (FTC) recently proposed a rule that would impose a number of new substantive and disclosure requirements on auto-dealers in the car-buying process. The FTC described the proposed Rule as one designed “to ban junk fees and bait-and-switch advertising tactics that can plague consumers throughout the car-buying experience.” As the impetus for… The CFPB has released the Spring 2022 edition of its Supervisory Highlights.
Consumer Finance Monitor
The Federal Trade Commission (FTC) recently proposed a rule that would impose a number of new substantive and disclosure requirements on auto-dealers in the car-buying process.
Consumer Finance Monitor
The CFPB’s new blog post titled “Buy Now, Pay Later and Credit Reporting” appears intended to send a message about the CFPB’s expectations to industry.
Depository institutions beware: California appellate court holds bank liable for registered agent’s mistake in rejecting notice of levy
A California Court of Appeal recently found a bank liable to a judgment creditor under California’s Enforcement of Judgments Law for the bank’s registered agent’s mistake in misreading, and subsequently rejecting, a notice of levy. Although the bank itself did not have knowledge of the mistake, the Court held the bank responsible through principles of agency, rendering the bank liable for amounts that the account holder drained from the account when the levy should have been in effect.
Fourth Circuit hears argument on whether Section 230 immunity defeats FCRA class action
The Fourth Circuit heard argument earlier this week on whether Section 230 of the Communications Decency Act shields on-line data aggregator, PublicData.com, from FCRA liability in a putative class action dismissed last year by a federal judge in Virginia. We previously blogged about the amicus brief filed in the appeal by the CFPB, FTC, and North Carolina Department of Justice.
Nevada Governor approves bill requiring translated documents for consumer financial services transactions, including credit cards and auto title loans
A new Nevada law that becomes effective on October 1, 2021 requires translated documents to be provided to consumers by businesses that advertise and negotiate transactions covered by the law in a language other than English (or allow their agents or employees to advertise and negotiate in a language other than English).
Nevada Bill Imposing New Requirements For Consumer Vehicle Leases Awaiting Governor's Signature
United States: Nevada Bill Imposing New Requirements For Consumer Vehicle Leases Awaiting Governor's Signature 13 July 2021 by Joel E. Tasca (Denver) Ballard Spahr LLP To print this article, all you need is to be registered or login on Mondaq.com. A bill (AB 298) currently awaiting the signature of the Nevada Governor would impose new limits on the terms of consumer vehicle leases and require new disclosures.
Nevada bill imposing new requirements for consumer vehicle leases awaiting Governor’s signature
A bill (AB 298) currently awaiting the signature of the Nevada Governor would impose new limits on the terms of consumer vehicle leases and require new disclosures. Currently, Nevada law on vehicle leasing (NRS Chapter 100) only applies to vehicle leases for business or commercial purposes.
California DFPI invites comments on rulemaking for new Consumer Financial Protection Law
Yesterday, the California DFPI issued an invitation for stakeholders to provide input on rulemaking to implement the recently-effective California Consumer Financial Protection Law (CCFPL). Comments are due by March 8, 2021. As the invitation notes, pursuant to Cal. Fin. Code. Sec. 90001, the DFPI has broad authority to establish rules to implement the CCFPL.
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