Consumer Financial Services Law Blog
Dykema Gossett PLLC
Dykema Gossett PLLC

Consumer Financial Services Law Blog

Consumer Financial Services Law Blog

News and analysis regarding Consumer Financial Services litigation and regulation, and activities of the Consumer Financial Protection Bureau

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Showing 6 posts in U.S. Supreme Court.

United States Supreme Court to Resolve Circuit Split Involving the Constitutionality of “No Surcharge” Laws

On September 29, 2016, the United States Supreme Court granted certiorari in the matter of Expressions Hair Design et al. v. Schneiderman, on appeal from the Second Circuit Court of Appeals, in order to resolve a circuit split involving whether state “no-surcharge” laws violate the First Amendment.   Read More ›

Supreme Court Holds That Debt-Collecting Law Firms Delegated as Special Counsel Do Not Violate FDCPA by Using Attorney General’s Letterhead

In an important ruling for debt-collection law firms, the United States Supreme Court held in Sheriff et. al v. Fillie et. al, Docket No. 15-338 (2016), that when a debt-collection firm is hired by the Attorney General to collect debts on behalf of the State, use of the Attorney General’s letter head does not violate the Fair Debt Collection Practices Act (“FDCPA”). In doing so, the Court reasoned that the letters did not contain false information or misleading representations. Read More ›

Certiorari Petition Seeks Compensation for Substantial Document Production in Response to Grand Jury Subpoena

Banks and other financial institutions are regularly subpoenaed by state and federal governments to produce account-holder records as part of grand jury proceedings or other investigations. The cost of having counsel review and produce responsive, relevant and non-privileged documents mounts quickly. While federal statutory law requires a prosecutor in a federal case to pay a bank for the cost of compliance with a subpoena records request, state laws don’t always follow suit. Read More ›

Supreme Court Holds Chapter 7 Debtors Cannot Discard Junior Liens That Are Underwater

The U.S. Supreme Court decided on Monday, June 1, 2015, that Chapter 7 debtors may not rid themselves of second-mortgage liens in cases where, at the time of the bankruptcy, the first mortgage is undersecured. The decision reverses two Eleventh Circuit rulings that would have made such liens disappear under Section 506(d) of the Bankruptcy Code.  Read More ›

Supreme Court Holds Bankruptcy Court’s Denial of Confirmation of Proposed Plan Not Final, Appealable Order

In an opinion issued today, the Supreme Court held that debtors do not have the right to immediately appeal a bankruptcy court’s decision denying confirmation of a proposed reorganization plan. This decision resolves a circuit split, and confirms the balance of power between debtors and creditors in the plan confirmation process. As the Supreme Court explained, “the knowledge that [a debtor] will have no guaranteed appeal from a denial should encourage the debtor to work with creditors and the trustee to develop a confirmable plan as promptly as possible.” Read More ›

Supreme Court Grants Certiorari to Address Article III Standing Issue in Cases with No Concrete Harm

The Supreme Court has granted certiorari in Spokeo Inc. v. Robins, No. 13-1339 (U.S. Apr. 27, 2015), a case that presents an important question which could have a significant impact on consumer class actions. The Court will address whether Congress can confer Article III standing on a plaintiff who suffers no concrete harm, by authorizing a private right of action based on a bare violation of a federal statute. In granting certiorari, the Supreme Court rejected the Solicitor General’s recommendation to either deny certiorari or to narrowly focus on the specifically alleged injury and statute at issue in the case.  Read More ›