PYMNTS

OCTOBER 23, 2020

Silicon Valley rideshare giants Uber and Lyft must abide by a California Court of Appeals’ decision that they can no longer classify their drivers as independent contractors, pending a ballot measure giving voters a say on election day (Nov. Gavin Newsom signed AB 5 into law September 2019, and it took effect in January.

California 180

California Sacramento Report Company 180

CFPB Monitor

APRIL 26, 2022

In a rare development, a California state court of appeals has opined on the requirements for obtaining authorization for background checks pursuant to the Fair Credit Reporting Act. Employers should consult their own counsel about their compliance responsibilities under the FCRA and applicable state law. [The In Hebert v.

California 122

California Compliance Analysis Report 122

CFPB Monitor

JULY 16, 2020

Supreme Court having ruled in Seila Law that the CFPB’s leadership structure is unconstitutional, two circuit court cases involving the same constitutional challenge that were “on hold” pending the Supreme Court’s decision will now be moving forward. With the U.S.

Mississippi 117

Mississippi New York Leadership 117

PYMNTS

NOVEMBER 30, 2020

In other news, China’s Jiangsu Yancheng Intermediate People’s court released the details of the crypto assets seized by police related to the PlusToken Ponzi scheme crackdown, The Block reported. The courts said that the assets are worth more than $4.2 Crypto merchant gateway firm Cryptobuyer announced in a tweet on Nov.

Bitcoin 168

Bitcoin cryptocurrency ATM America 168

PYMNTS

OCTOBER 13, 2020

In January, California implemented its AB 5 law, which required that ride-hailing, food delivery and other such companies treat their workers as employees rather than independent contractors. The companies instead decided to appeal the suit. Lawyers for Uber , Lyft and the state of California laid out arguments on Tuesday (Oct.

California 250

California Meeting Report Company 250

PYMNTS

APRIL 16, 2019

got approval to move forward after a court reversed a ruling by the Competition Appeal Tribunal. Court of Appeal rejected the tribunal’s ruling from 2017, which had blocked the claimants from pursuing the case led by Walter Merricks, the former financial ombudsman. Mastercard plans to appeal to the Supreme Court.

Cards 148

Cards Retail Payments Security 148

PYMNTS

APRIL 7, 2020

A group of Indian retailers is appealing a court order that put an antitrust probe of Amazon and Walmart-owned online retailer Flipkart on hold, according to published reports. The court filing comes in the midst of India’s nationwide lockdown due to the COVID-19 pandemic , which has left businesses reeling.

Retail 130

Retail Groups Regulation Report 130

PYMNTS

AUGUST 20, 2020

Unless an appeals court intervenes at the last minute, Uber Technologies Inc. The judgement came after California Attorney General Xavier Becerra sued Uber and Lyft for violating the state’s new Assembly Bill 5 (AB5) labor law. On its blog, Lyft urges voters to support a ballot initiative in November to repeal the labor law.

California 176

California Operations Company Report 176

PYMNTS

JULY 20, 2020

based group, was filed in the District Court of Amsterdam, where Uber’s European headquarters is located. They are asking the court to order Uber to comply with the data protection law or be fined 10,000 euros ($11,443) for each day it continues to violate the law. . Uber lawyers have their hands full.

Los Angeles 167

Los Angeles California Data Regulation 167

CFPB Monitor

OCTOBER 27, 2022

Court of Appeals for the Fifth Circuit recently denied rehearing en banc in Jarkesy v. Securities and Exchange Commission , a case with significant implications for the use of administrative law judges (ALJs) by federal agencies, including the CFPB. Supreme Court. The district court, and subsequently the U.S.

District of Columbia 78

District of Columbia Fraud Security Community 78

PYMNTS

JUNE 17, 2020

In the United Kingdom, and for the payment network giants in the decades-long legal battle over interchange fees — next stop, trial court? Wednesday, the highest court in the U.K. The high court’s dismissal of Visa and Mastercard’s appeal paves the way for the retailers to seek compensation. Drilling down into the U.K.

Cards 150

Cards Retail Regional Marketing 150

CFPB Monitor

DECEMBER 1, 2022

Earlier this week, we wrote about Verizon’s appeal to the Ninth Circuit from a district court ruling that the bellwether provision in its arbitration clause was unconscionable. The district court here failed to consider this basic point. If bellwether procedures are lawful in court, they also are lawful in arbitration.”

Groups 78

Groups Industry California System 78

CFPB Monitor

JUNE 25, 2021

Supreme Court that asks the Court to decide whether the CFPB can ratify actions taken when it was unconstitutionally structured. RD Legal appealed to the U.S. Court of Appeals for the Second Circuit. The Supreme Court also ruled that the unconstitutional provision was severable. Constitution.

New York 78

New York 78

PYMNTS

APRIL 7, 2020

A Manhattan court denied Goldman Sachs Group’s appeal to dismiss a class-action lawsuit that accuses the investment bank of hiding information when it created subprime securities prior to the Great Recession, according to a report in Reuters. But our law already beats back this parade of horribles.”.

Arkansas 200

Arkansas Security Fraud Management 200

PYMNTS

AUGUST 12, 2020

If the court doesn’t reconsider, then in California, it’s hard to believe we’ll be able to switch our model to full-time employment quickly,” CEO Dara Khosrowshahi told MSNBC Wednesday (Aug 12). As a result of enactment of a state law, the companies must provide benefits to gig workers central to a business by classifying them as employees.

California 234

California New York Company Technology 234

PYMNTS

SEPTEMBER 28, 2020

Uber appealed the decision and was allowed to keep its drivers on London’s streets during the process. Uber’s appeal to resume driving on London’s streets came after a group of Uber drivers in England filed suit against the company in July for its alleged failure to provide access to data and an explanation of algorithmic management.

Regulation 150

Regulation Groups Data Operations 150

CFPB Monitor

SEPTEMBER 29, 2022

Court of Appeals for the Tenth Circuit affirmed a CFPB Order requiring Integrity, a lender making short-term loans, and its CEO, James Carnes, to pay $38.4 Court of Appeals for the Tenth Circuit affirmed a CFPB Order requiring Integrity, a lender making short-term loans, and its CEO, James Carnes, to pay $38.4

Payments 78

Payments Lending Security 78

PYMNTS

AUGUST 13, 2020

All three branches of California’s government have already made clear that these workers are employees under California law and entitled to these important safeguards.”. If Boudin’s request is approved by the court, the ruling would apply to DoorDash workers in California. The companies are expected to appeal. On Monday (Aug.

CA 201

CA San Francisco California Report 201

CFPB Monitor

OCTOBER 27, 2022

The CFPB has told two courts, an Illinois federal district court and the Ninth Circuit, that the Fifth Circuit panel decision holding that the Bureau’s funding mechanism is unconstitutional is “neither controlling nor correct” and “mistaken.” . The CFPB addressed the panel’s decision in Community Financial Services Association v.

Illinois 146

Illinois FDIC California System 146

CFPB Monitor

JUNE 30, 2022

FDCPA section 808(1) prohibits debt collectors from collecting “any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.” because they are authorized by a lawful agreement).

Maryland 142

Maryland Compliance Online Payments 142

PYMNTS

JANUARY 9, 2019

In the wake of court filings this week that effectively ended a challenge to surcharges on credit card transactions in New York, merchants in the Empire State can indeed embrace those fees, contingent upon stating those costs to consumers up front. The court ruled that such terms could range from surcharge to “extra cost.”.

New York 200

New York Cards Florida Texas 200

CFPB Monitor

OCTOBER 12, 2021

A Pennsylvania federal district court recently held that Regulation J did not completely preempt state law claims related to a wire transfer, and thus did not fall under the “complete preemption” exception to the “well-pleaded complaint rule.” The federal court rejected Dollar Bank’s argument.

Pennsylvania 78

Pennsylvania Mississippi Course Regulation 78

CFPB Monitor

MAY 18, 2022

A California Court of Appeal recently found a bank liable to a judgment creditor under California’s Enforcement of Judgments Law for the bank’s registered agent’s mistake in misreading, and subsequently rejecting, a notice of levy. The Court of Appeal reversed.

California 78

California Policies Community Company 78

PYMNTS

OCTOBER 5, 2020

European Commission To Appeal Apple State Aid Decision. The European Commission will challenge the General Court’s judgment on the Apple State aid case in Ireland, according to a Sept. The Commission also respectfully considers that in its judgment the General Court has made a number of errors of law.”. 25 statement.

Data 229

Data Google Compliance Apple 229

CFPB Monitor

FEBRUARY 2, 2022

Court of Appeals for the Fourth Circuit recently ruled that a mortgage servicer violated the Maryland Consumer Debt Collection Act (MCDCA) by charging a $5 convenience fee to borrowers for monthly payments made by phone or online. It also held that the convenience fees were not “permitted by law.” In Alexander v. As to the Sec.

Maryland 147

Maryland Online Payments Regulation 147

PYMNTS

JULY 3, 2019

An appeals court has ruled that Amazon can be held liable for third-party sales on its site, according to reports. . Oberdorf appealed and the court mostly ruled in her favor. In previous similar cases, courts have ruled in Amazon’s favor. Oberdorf ended up suing Amazon for negligence. .

Pennsylvania 110

Pennsylvania Company Report 110

PYMNTS

FEBRUARY 14, 2020

There’s a saying in jurisprudence: Hard cases make bad law. Early this week, a judge denied a request from Uber and Postmates to halt the enforcement of a new California labor law — known as AB5 , which was voted into law last year — that would place new restrictions on gig economy workers. And what it will all cost?

California 160

California Oklahoma Meeting Taxes 160

CFPB Monitor

FEBRUARY 3, 2022

Court of Appeals for the Third Circuit recently ruled that the application of Pennsylvania usury laws to vehicle-secured loans made to Pennsylvania residents who travel outside of Pennsylvania to obtain such loans does not violate the Commerce Clause of the U.S. Constitution. In TitleMax of Delaware, Inc.

Pennsylvania 147

Pennsylvania Analysis Security Indiana 147

CFPB Monitor

MARCH 21, 2022

The CFPB and NYAG sued RD Legal in federal district court, asserting federal UDAAP claims under the CFPA and state law claims, and RD Legal filed a motion to dismiss based on the alleged unconstitutionality of the Dodd-Frank for-cause removal provision. The ruling follows the Second Circuit’s remand of the case to Judge Preska.

Exercises 78

Exercises New York Leadership Conference 78

CFPB Monitor

NOVEMBER 11, 2022

On November 10, 2022, a federal district court in the Northern District of Texas entered judgment in favor of two plaintiffs on an Administrative Procedure Act (APA) claim seeking vacatur of the Biden administration’s plan to forgive approximately $400 billion in federal student loans under the HEROES Act of 2003.

Texas 78

Texas West Virginia Virginia Exercises 78

PYMNTS

OCTOBER 3, 2016

Recent rulings from the United States Court of Appeals have shined a bright spotlight on antitrust concerns. American Express , a federal appeals court ruled that a lower court made a mistake when deciding American Express’ contracts with merchants restrained trade and violated antitrust laws.

Policies 161

Policies United States Cleveland New York 161

PYMNTS

DECEMBER 19, 2019

A German court on Thursday (Dec. The German court said Uber doesn’t have the correct license to offer ride services with rental cars. . In 2015, the court ruled that Uber could not operate the way it typically does — by matching drivers and their cars with people who need rides. . Uber is appealing the London ruling.

Operations 130

Operations Report Company 130

CFPB Monitor

NOVEMBER 8, 2022

The Supreme Court heard arguments yesterday in Axon Enterprise v. 21-86 ), as to whether federal courts can hear a challenge to the FTC’s constitutionality by a party in an administrative proceeding before the agency has issued a final order. The Court also heard arguments in a similar case, Securities and Exchange Commission v.

Arizona 78

Arizona FDIC Community Texas 78

CFPB Monitor

AUGUST 9, 2021

Despite the pendency in the Tenth Circuit of a constitutional challenge to a CFPB administrative order that requires a lender and its CEO to pay restitution and civil money penalties, a Kansas federal district court recently refused to stay enforcement of the order. Supreme Court’s ruling in Lucia v. Integrity Advance, LLC and James R.

Kansas 78

Kansas Exercises Payments Operations 78

PYMNTS

SEPTEMBER 30, 2020

It would instead offer payment companies a national servicing platform to replace the regime of state regulations such firms would be subject to under existing laws. It would instead offer payment companies a national servicing platform to replace the regime of state regulations such firms would be subject to under existing laws.

Regulation 349

Regulation National System Industry 349

CFPB Monitor

NOVEMBER 28, 2022

An appeal pending in the U.S. contends—or whether it is substantively unconscionable because it effectively eliminates the claims of thousands of Verizon customers who are required to wait for up to 156 years for the bellwether arbitrations to conclude—as appellees assert and the district court found. In MacClelland v.

System 78

System Policies Strategy Regulation 78

PYMNTS

JULY 14, 2020

Google told Bloomberg that it intends to appeal the Belgian authority’s decision in court, saying it has worked “to strike a sensible, principled balance between people’s rights of access to information and privacy.”. But Google opposed the ruling. “We We thought it was in the public’s interest that this reporting remain searchable.”.

Google 141

Google Regulation Data Report 141