In Harris v. Navient Solutions, LLC, No. 3:15-cv-564 (RNC), 2018 WL 3748155 (D. Conn. Aug. 7, 2018), the United States District Court for the District of Connecticut followed the Second Circuit's decision in Reyes v. Lincoln Auto. Fin. Servs., 861 F.3d 51, 56 (2d Cir. 2017), which held that the TCPA did not permit unilateral revocation of consent to calls that was part of a bargained-for exchange. See Reyes, 861 F.3d at 56.
The plaintiff, Jennifer Harris ("Plaintiff"), alleged Navient Solutions ("Navient") violated the TCPA by using an automatic telephone dialing system ("ATDS") to ...
The Connecticut Court of Appeals recently found that the prohibition of yield spread premiums in the Dodd-Frank Act did not establish a per se violation of a fraud claim under the Connecticut Unfair Trade Practices Act ("CUTPA"). In CitiMortgage, Inc. v. Coolbeth, --- A.3d ---, 2013 WL 6448883 (Conn. Ct. App. Dec. 17, 2013), CitiMortgage filed a foreclosure action against the defendant mortgagors. The mortgagors filed special defenses and a counterclaim alleging that the mortgage broker falsely represented a higher interest rate, that CitiMortgage paid the mortgage broker a ...