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Articles by Rosalie Messina
New York Passes Bill Prohibiting Use Of PFAS In "Apparel And Outdoor Apparel For Severe Wet Conditions"
New York recently enacted legislation that specifically prohibits the sale of products containing chemicals known as perfluoroalkyl and polyfluoroalkyl substances (PFAS). PFAS are synthetic chemicals that are resistant to water, oil and heat, and break down slowly over time. Given their durable nature, PFAS have been found to be desirable in the manufacture of clothing, particularly for their ability to repel water and stains.
"More Likely Than Not": New Amendments To FRE 702 Demand More Exacting Standard For Admitting Expert Testimony
Product Liability trials always involve expert testimony offered to assist the jurors in those areas that require scientific or technical knowledge. In actions litigated in federal court, Federal Rule of Evidence (FRE) Rule 702 governs the admissibility of expert testimony. Rule 702 has two primary purposes, (1) to assist the trier of fact and (2) to ensure the proposed expert testimony is both reliable and relevant.
CFPB Issues Proposed Rule Imposing Reporting Requirements on Certain Non-Bank Entities: Possible Implications for Money Transmitter, Debt Relief and Credit Repair Service Providers | Shipkevich PLLC - JDSupra
On December 12, 2022, the Consumer Financial Protection Bureau (CFPB) issued a proposed rule pursuant to its authority under the Consumer Financial Protection Act of 2010 (CFPA). This rule would require certain non-bank entities to register with the CFPB upon obtaining final orders and judgments issued by local, state, or federal consumer financial protection agencies or courts.
CFPB Issues Proposed Rule Imposing Reporting Requirements on Certain Non-Bank Entities: Possible Implications for Money Transmitter, Debt Relief and Credit Repair Service Providers | Shipkevich PLLC - JDSupra
On December 12, 2022, the Consumer Protection Financial Bureau (CFPB) issued a proposed rule pursuant to its authority under the Consumer Financial Protection Act of 2010 (CFPA). This rule would require certain non-bank entities to register with the CFPB upon obtaining final orders and judgments issued by local, state, or federal consumer financial protection agencies or courts.
NYDFS Issues Proposed Rule Establishing Process to Assess Operating Costs for Virtual Currency Businesses Licensed in New York | JD Supra
On December 1, 2022, the New York Department of Financial Services (NYDFS) issued a press release regarding a proposed regulation that details how licensed virtual currency businesses would be assessed for supervision and examination costs. This proposed regulation follows New York’s April 9, 2022 adoption of a provision to the state’s Fiscal Year 2023 budget that requires companies holding a Bit License to pay regulatory assessment fees to do business in New York.
New York Legis 660 Additional Requirements for Telemarketers: What You Should Know | JD Supra
Summary of NY Legis 660 NY Legis 660 (proposed as AB 8319) is a recently approved amendment to Section 399-z of New York’s General Business Law that will impose additional disclosure requirements that telemarketers must make to New York consumers. Upon becoming effective March 6, 2023, NY Legis 660 will require telemarketers making calls to New York consumers to make additional disclosures at the outset of calls, and will also require telemarketers to make disclosures in a certain order.
CFPB Issues Order Asserting its Authority to Investigate Cryptocurrency Lender | JD Supra
On November 22, 2022, the Consumer Financial Protection Bureau (CFPB) denied a petition by Nexo Financial LLC (“Nexo Financial”) to modify a Civil Investigative Demand (CID) issued on December 1 2021.
U.S. District Court for the Middle District of Tennessee Grants FTC’s Motion to Temporarily Shut Down Alleged Credit Card Debt Relief Scheme | JD Supra
On November 21, 2022, the U.S. District Court for the Middle District Of Tennessee granted the Federal Trade Commission's (FTC’s) ex parte motion for, among other relief, a temporary restraining order (“TRO”) to shut down an alleged credit card debt relief scheme.
FCC Rules Ringless Voicemails Fall Under TCPA and Require Consumer Consent | JD Supra
On November 21, 2022, the Federal Communications Commission (FCC) released a Declaratory Ruling and Order (“Order”) holding that ringless voicemails to wireless phones require consumer consent. The FCC further held that ringless voicemails are covered by the TCPA because they are calls made using an artificial or prerecorded voice.
California’s Northern District Court Holds Text Messages are Not Pre-Recorded or Artificial Voices Under the Federal TCPA | JD Supra
On November 18, 2022, the United States District Court for the Northern District of California ruled that text messages sent by a “chatbot” do not constitute an artificial or prerecorded voice, per the federal Telephone Consumer Protection Act (TCPA). In the case, Risher v.
NY Attorney General’s Office Fall Round-Up: AG Letitia James’ Actions & Initiatives Related to Cryptocurrency Since August 2021 | JD Supra
On November 15, 2022, the New York Attorney General’s Office released its Fall Round-Up (“Round-Up”) describing major actions and initiatives implemented by New York Attorney General Letitia James (“AG James”) since August 2021. Among others, the Round-Up discusses actions and initiatives AG James has undertaken related to cryptocurrency, including investment in cryptocurrency, cryptocurrency exchanges, and consumer protection.
CFPB Circular Clarifies Consumer Reporting Agencies and Furnishers of Information can be Liable under Fair Credit Reporting Act for Failing to Investigate Disputes and Attempting to Deter Consumers from Submitting Disputes | Shipkevich PLLC - JDSupra
On November 10, 2022, the Consumer Financial Protection Bureau (CFPB) released Consumer Financial Protection Circular 2022-07 (hereinafter, “the Circular”). The Circular resolves two issues for credit reporting agencies (CRA’s) and entities that furnish information to CRA’s (“furnishers”): 1. Whether the Fair Credit Reporting Act (FCRA) permits CRA’s and furnishers to impose obstacles in order to deter consumers from submitting disputes; and 2.
Florida Middle District Court Finds Receiving Pre-Recorded Voice Messages Insufficient Basis for Standing to Bring Class Action Suit Alleging TCPA Violation | Shipkevich PLLC - JDSupra
On November 2, 2022, the U.S. District Court for the Middle District of Florida held, sua sponte,that a plaintiff did not have standing to bring a class action suit alleging a TCPA violation. The February 9, 2022 complaint alleges that the plaintiff received two pre-recorded voice messages on his cell phone from the defendant, a for-profit school, advertising the defendant's services. The plaintiff alleged he did not consent to receiving these calls.
CFPB Releases Complaint Bulletin Analyzing Crypto-Asset Consumer Complaints; Tips for Consumers to Protect Themselves from Crypto-Asset Fraud and Theft | Shipkevich PLLC - JDSupra
On November 10, 2022 the Consumer Financial Protection Bureau (CFPB) released a complaint bulletin (“bulletin”) that provides an analysis of consumer complaints the CFPB has received from October 2018 to September 2022 related to crypto-assets. The executive summary of the bulletin notes that during that time frame, the CFPB received more than 8,300 complaints related to crypto-assets.
CFPB’s October 26, 2022 Circular Clarifies Surprise Overdraft Fees Trigger Liability under the Consumer Financial Protection Act (CFPA) | JD Supra
On October 26, 2022 the Consumer Financial Protection Bureau (“CFPB”) published Consumer Financial Protection Circular 2022-06. Circular 2022-06 asserts that the imposition of overdraft fees upon consumers by financial institutions can constitute an unfair act or unfair practices under the Consumer Financial Protection Act (CFPA).
Fifth Circuit Court of Appeals Finds CFPB Funding Mechanism Unconstitutional Violation of Appropriations Clause | JD Supra
On October 19, 2022, three judges in the Fifth Circuit Court of Appeals ruled that the funding mechanism of the Consumer Financial Protection Bureau (CFPB) is unconstitutional. Specifically, the court found CFPB’s receiving of funds upon the CFPB Director’s request to the Federal Reserve instead of through Congressional appropriations to violate the Appropriations Clause of the Constitution.
2022 TCPA Recent Recap — Litigation Updates & Regulatory Round Up | JD Supra
September 2022 Action Clarifies Only Random Calls Trigger TCPA Violations — Not Mere Use of An Autodialer Mehl v. Green, et al. 2022 WL 4056269 (E.D. Cal. Sept. 2, 2022) - A law firm was recently sued after one of its attorneys allegedly made several debt collections calls. In suing the firm, the Plaintiff contended that the calls were made using an autodialer and without consent, thus triggering the TCPA and its $500.00 per call statutory damage provision.
An Overview of Florida's TCPA Laws | JD Supra
Florida’s July 1, 2021 Senate Bill 1120, commonly referred to as “Florida’s Mini TCPA,” amended the Florida Telemarketing Sales Act (FTSA).[1] This Bill aims to crack down on telemarketing directed to Florida residents. The FTSA applies to “telephonic sales calls,” which includes a telephone call, text message, or voicemail transmission to a consumer for the purpose of soliciting a sale of any consumer goods or services, including credit extensions.
What Is The TCPA? | JD Supra
With its inception by Congress in 1991, the federal Telephone Consumer Protection Act (TCPA) is an attempt by Congress to exert greater protection over consumers from receiving unsolicited telemarketing.[1] The TCPA was signed into law by President George H. W. Bush as Public Law 102-243.
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