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Nov 27, 2024 | 
jdsupra.com | Jason Cover |Jeremy T. Rosenblum |Misha Tseytlin
In a shocking development yesterday, the U.S. Court of Appeals for the Fifth Circuit issued a per-curiam, single-sentence order purporting to “clarify” its prior stay of the compliance date for the Consumer Financial Protection Bureau’s (CFPB) payday loan rule.
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Nov 22, 2024 | 
jdsupra.com | Jason Cover |Jeremy T. Rosenblum |Misha Tseytlin
On November 18, the plaintiff trade groups in Community Financial Services Association of America, Ltd.(CFSA) v.
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Nov 15, 2024 | 
jdsupra.com | Jason Cover |Mark J. Furletti |Jeremy T. Rosenblum
On November 12, the U.S. Court of Appeals for the Fifth Circuit denied a request from Community Financial Services Association of America (CFSA) and the Consumer Services Alliance of Texas to reopen their legal challenge against the Consumer Financial Protection Bureau’s (CFPB) payday loan rule. This decision effectively clears the path for the rule to be implemented.
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Nov 7, 2024 | 
jdsupra.com | Jeremy T. Rosenblum
In Heckman v. Live Nation Entertainment, Inc., a panel of the Ninth Circuit affirmed a lower court decision refusing to enforce the Ticketmaster arbitration provision in a purported consumer antitrust class action brought against Ticketmaster and Live Nation. In reaching its decision, the panel concluded that the arbitration agreement in question was both procedurally and substantively unconscionable.
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Aug 21, 2024 | 
jdsupra.com | David Anthony |Kalama Lui-Kwan |Jeremy T. Rosenblum
In a recent decision, the U.S. District Court for the Eastern District of Virginia denied a retailer’s motion to compel individual arbitration of a claim brought in a putative class action lawsuit. The complaint alleges that the retailer used deceptive sales tactics to induce the plaintiff to make an unnecessary online purchase.
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Aug 20, 2024 | 
lexology.com | David Anthony |Kalama Lui-Kwan |Jeremy T. Rosenblum |Alan D. Wingfield |Mary C. Zinsner
In a recent decision, the U.S. District Court for the Eastern District of Virginia denied a retailer’s motion to compel individual arbitration of a claim brought in a putative class action lawsuit. The complaint alleges that the retailer used deceptive sales tactics to induce the plaintiff to make an unnecessary online purchase.
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Jun 20, 2024 | 
lexology.com | Alexandra Steinberg Barrage |Matthew Bornfreund |Kevin Petrasic |Joseph Reilly |Jeremy T. Rosenblum |Amy Williams | +1 more
On May 30, the U.S. Supreme Court unanimously decided Cantero, reaffirming and elaborating on the Barnett Bank preemption standard, and remanding the case to the Second Circuit for further proceedings. Cantero addressed whether a New York law requiring the payment of at least 2% per annum interest on mortgage escrow deposits was preempted by federal law as to national banks.
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May 8, 2024 | 
lexology.com | Jeremy T. Rosenblum |Chris Willis
Click here to listen to the audio. In this episode of The Consumer Finance Podcast, Chris Willis is joined by Troutman Pepper Partner Jeremy Rosenblum and Neil Currie, vice president at the American Arbitration Association (AAA). They discuss the phenomenon of mass arbitration and the recent revisions to the AAA’s rules to address this. The conversation covers the new AAA rules, the fee structure, and the benefits of using AAA over other arbitration administrators.
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Apr 9, 2024 | 
lexology.com | Massie P. Cooper |Mark J. Furletti |Kalama Lui-Kwan |Jeremy T. Rosenblum |Mary C. Zinsner
The U.S. Court of Appeals for the Ninth Circuit recently reversed a district court’s ruling, which had denied a motion to compel arbitration of Opportunity Financial (OppFi) on the basis that the arbitration clause was substantively unconscionable due to the choice of law provision in the loan agreement containing the arbitration clause. The Ninth Circuit vacated the decision and directed the district court to refer the matter to arbitration.
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Jan 31, 2024 | 
lexblog.com | Jeremy T. Rosenblum |Massie P. Cooper |Anthony C. Kaye |Kalama Lui-Kwan
On January 15, the American Arbitration Association (AAA) issued amended Mass Arbitration Supplementary Rules and new Consumer Mass Arbitration and Mediation Fee Schedules (collectively, the New Rules). The New Rules will apply to all mass arbitration cases filed on or after January 15, but not to any mass arbitrations filed prior to that date. The New Rules aim to reduce friction and enhance process efficiency.
