Debt buyers beware: SCOTUS will decide if the FDCPA applies to you

On Friday, January 13, 2017, the U.S. Supreme Court granted certiorari in Henson v. Santander Consumer USA, Inc. This case raises the question whether a debt buyer is a “creditor” or a “debt collector” under the Fair Debt Collection Practices Act (FDCPA). The answer to this question, it turns out, is far from clear since debt buyers fit plausibly into either category. Read more >>

Banking Industry, Fair Debt Collection Practices Act, Federal Class Action Law

Turbulence ahead for airlines in price-fixing lawsuit

Last week, American Airlines, Delta, Southwest and United Continental received some unwelcome news. A federal judge denied the airlines’ motion to dismiss a class action alleging a price-fixing conspiracy. The plaintiffs allege that the airlines colluded to raise fares and reduce flight choices for travelers, in part by restricting seating capacity in their aircrafts. (The case is In re Domestic Airline Travel Antitrust Litigation, U.S. District Court, District of Columbia, No. 15-mc-01404.) In addition to the class action, The Department of Justice is conducting its own separate inquiry into the matter. 

Other Jurisdictions

When at first you don’t succeed, seek post-verdict decertification: Lessons learned from Mazzei v. The Money Store

What do you do when a court certifies a class over your objection and denies your motion for directed verdict on the critical class certification issue at trial, and a jury awards $32 million ($54 million if you count pre-judgment interest) on an individual claim worth $133.80? This was the situation the defendants faced in Mazzei v. The Money Store. What happened defied all odds. Read more >> 

Banking Industry, Mortgage Lending Industry, Pre-Certification Motions, U.S. Supreme Court