First Monday In October Starts Quietly For Legal Geeks

October 2, 2017 at 9:20 am Leave a comment

With the Supreme Court back to nine members, this promises to be one of its most prolific terms in several years as the high court takes on hot button issues ranging from refugee policy to the right of businesses to deny services to same-sex couples. But, as it stands right now, I don’t see any cases on the docket that would have much of a direct impact on credit unions. This may change.

Typically there are at least some issues that impact the way credit unions go about their business. For example, last year the Supreme Court decided cases ruling that merchants challenging the legality of credit card surcharge bans were entitled to first amendment protections and it also ruled that banks could be sued by municipalities for violations of the Fair Housing Act, albeit under very narrow circumstances. No such issues are up for review so far.

This is not to say that there aren’t some key issues out there that will most likely be reviewed by the court if not this term, then the next. For example, PHH’s case challenging the constitutionality of the CFPB’s one director structure is still at the appellate level. Once this case is decided, the losing party will undoubtedly appeal.

Then there is the issue of how much harm consumers have to prove in order to sue companies responsible for data breaches. Circuit courts have already split on this issue and it’s only a matter of time before the Supreme Court feels the need to explain how its Spokeo decision is to be applied in the context of data breaches. Specifically, does a consumer have to prove that their personally identifiable information was compromised in a data breach or do they also have to prove that their data was used to facilitate identity theft?

Finally, there’s the issue of the TCPA and how it is to be interpreted in the age of the cell phone and texting. One case that I believe cries out to be reviewed is the recent 11th Circuit ruling holding that members could partially revoke the authorization of third-parties to contact them.

Speaking of the TCPA, CUNA on Friday filed a petition with the FCC requesting that informational calls to the cell phones of members with whom they have an existing relationship be exempt from the TCPA.

Key Changes In NY Committee Leadership

New York Assembly Speaker, Carl Heastie announced appointments to several key committees last week. The changes were triggered by the retirement of long time Manhattan Assemblyman, Denny Farrell, who retired after 42 years, during which time he rose to lead the Assembly’s Ways and Means Committee.

Most importantly for our purposes, Assemblyman Jeffrey Dinowitz moves to the Assembly’s Judiciary Committee, which has jurisdiction over many issues of operational concern to credit unions such as foreclosures and levy and restraints. He replaces Assemblywoman Helene Weinstein who was recently named the first woman chairman of the Ways and Means Committee. Generally speaking, any bill with spending implications must go through this committee.

Entry filed under: Legal Watch, New York State. Tags: , .

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Authored By:

Henry Meier, Esq., Senior Vice President, General Counsel, New York Credit Union Association.

The views Henry expresses are Henry’s alone and do not necessarily reflect the views of the Association. In addition, although Henry strives to give his readers useful and accurate information on a broad range of subjects, many of which involve legal disputes, his views are not a substitute for legal advise from retained counsel.

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