Tag Archives: Second Circuit

Second Circuit Court of Appeals Reaffirms Strong Federal Preference for Enforcing Arbitration Agreements in the Evolving Era of Web-based Contracting

In a big win for the tech industry and app developers, and for other companies seeking to enforce arbitration agreements through web-based interactions, last week the Second Circuit Court of Appeals held that the plaintiff in a putative class action entered into an enforceable arbitration agreement when he registered for Uber Technology, Inc.’s (Uber) app. … Continue reading this entry

Class of Subprime Borrowers Made "Bad Bargain," Failed to Allege Violation of TILA's Disclosure Requirements, Second Circuit Holds

The Second Circuit has affirmed the Federal Rule 12(b)(6) dismissal of a Truth in Lending Act (TILA) claim in Poulin v. Balise Auto Sales, Inc., holding that the plaintiffs failed to allege facts suggesting that their purchases of cars with subprime installment loans included undisclosed finance charges, even though the plaintiffs purportedly paid substantially more than book value and alleged that purchasers with good … Continue reading this entry

Exercise Care When Suing Debtors During the FDCPA Validation Period

Filing a collection lawsuit during the 30-day debt validation period can get a collector in hot water unless he is really careful. The United States Court of Appeals for the Second Circuit recently decided a case where Citibank hired a law firm to collect Janet Ellis’s alleged credit card debt. The law firm, Solomon & … Continue reading this entry

Second Circuit: Lawsuit During FDCPA Validation Period Overshadows Notice

A recent case out of Connecticut waves a yellow flag at debt collectors who file lawsuits within 30 days of sending a consumer a validation notice under the Fair Debt Collections Practices Act (“FDCPA”). On January 13, 2010, the Second Circuit Court of Appeals held that a law firm and two of its lawyers violated … Continue reading this entry