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Third Circuit Rules that Caller Must Use An “Automatic Telephone Dialing System’s” Ability to Produce or Store Telephone Numbers Through Random or Sequential Number Generation to Trigger Potential Liability under the TCPA’s ATDS Provision

On June 14, 2022, the Third Circuit Court of Appeals (Third Circuit) issued a significant decision regarding the TCPA’s restrictions in Section 227(b)(1)(A)(iii) on using an automatic telephone dialing system (ATDS) definition to make calls or texts to cellphones without prior express consent.  In Panzarella v. Navient Solutions, Inc, No….

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OCC Head Provides Remarks on Bank Overdraft Practices

On December 8, 2021, the Acting Comptroller of the Currency, Michael J. Hsu, gave remarks before the Consumer Federation of America’s 34th Annual Financial Services Conference where he expressed the Office of the Comptroller of the Currency’s (OCC) push for bank overdraft reform to benefit financially vulnerable consumers. Hsu opined…

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Eleventh Circuit Holds Administrative Feasibility is Not a Requirement for Class Certification

On February 2, 2021, the United States Court of Appeals for the Eleventh Circuit issued a significant decision holding that a putative class representative does not need to establish an administratively feasible method to identify absent class members as a pre-requisite for class certification under Federal Rules of Civil Procedure…

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OCC Proposes Rule to Ensure Banks Offer Fair Access to Financial Services

On November 20, 2020, the Office of the Comptroller of the Currency (OCC) issued a proposed rule with the objective of ensuring banks offer fair access to financial services. Certain banks have received significant political pressure from various for-profit and not-for-profit organizations to deny financial services to customers in certain…

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OCC Issues Final “True Lender” Rule

As Lender Law Watch previously reported, in July 2020, to resolve the legal uncertainty discouraging many banks and companies from entering into partnerships to offer loans to consumers, the OCC issued its proposed true lender rule to address the question of which entity makes a loan when the “loan is…

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CFPB Issues Statement on Temporary Supervisory and Enforcement Practices for Credit Card Electronic Disclosures in Response to COVID-19


In response to the ongoing impact the COVID-19 pandemic has had on the financial industry, on June 3, 2020, the Consumer Financial Protection Bureau (CFPB) issued a statement (CFPB Statement) announcing that it would provide temporary flexibility for credit card issuers in connection with certain written disclosure requirements. Under Regulation…

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FCC Issues Call-Blocking Declaratory Ruling

On June 6, 2019, the Federal Communications Commission (FCC) issued a declaratory ruling providing voice service providers with the authority to automatically enroll consumers for call blocking programs that identify and block unwanted telephone calls. This ruling is effective immediately. The ruling comes at a time when unwanted call volume…

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