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Litigation of the Telephone Consumer Protection Act (TCPA) is an active area with frequent developments important to the consumer finance space. Two recent cases are worthy to note. In...
The economic loss rule prohibits recovery for economic loss in tort and provides that such claims are governed by contract law. The State of Washington's Supreme Court adopted the...
AR, Tab E.2, Award Decision at 7. With regard to Pioneer’s quotation, the agency specifically noted that Pioneer received five strengths, and one weakness under the most important factor, technical approach. AR, E.1, Technical Evaluation Summary at 5. Pioneer’s weakness related to the statement in Pioneer’s quotation that it was going to employ a call analytics software that it had not previously used. Id. Based upon this statement, the agency concluded that without prior experience in using this particular software analytics system or something similar, that “there is potent...
In late May, the Connecticut Supreme Court held 1 that the tribal lending entity Great Plains Lending (Great Plains) is protected by tribal sovereign immunity as an “arm of the tribe,” adopting a test first established by the Tenth Circuit in Breakthrough Management Group, Inc. v. Chukchansi Gold Casino & Resort. 2 The case represents a major victory for the tribe and for tribal lending entities overall, and serves as further guidance to other courts faced with similar claims as tribes continue to establish a strong presence in e-commerce lending activities. The case concerned two len...
Real Property Update Foreclosure / Damages: Party seeking foreclosure failed to present competent, substantial evidence to prove the total amount owed on the note – Adamson v. Main Street Oaks, LLC, No. 2D19-3805 (Fla. 2d DCA Apr. 9, 2021) (reversed and remanded with instructions) Bert Harris Act: Trial court was correct in granting final summary judgment and rejecting appellant’s claim under the Bert J. Harris Jr. Private Property Rights Protection Act as the claimant no longer held legal title to the property at issue and thus was not entitled to relief under the act – Purchase Agre...