Consumer Financial Services Law Monitor

Consumer Financial Services Law Monitor

monitoring the financial services industry to help companies navigate through regulatory compliance, enforcement, and litigation issues

Join Us on March 23 for a Complimentary Webinar on Electronic Fund Transfer Act (EFTA) – Latest Trends and Developments

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FTC and NJ AG Announce Settlement with Vizio over Collecting Consumer Viewing Habits

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2016 Consumer Financial Services Year in Review and a Look Ahead

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NY AG Settles with Acer for $115,000 over Data Breach

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Democratic AGs File Motion to Intervene in CFPB “For Cause” Removal Case

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DOJ Brief Opposing CFPB Brings More Uncertainty

By Ashley L. Taylor, Jr. on March 20, 2017

On March 17, the U.S. Department of Justice submitted a brief to the D.C. Circuit asserting that the Consumer Financial Protection Bureau’s single-director structure violates the Constitution’s separation of powers in the CFPB v. PHH Corporation case. CFPB’s Single Director Structure The Democratic-controlled 111th Congress created the CFPB as part of the Dodd-Frank Act in...
DOJ Issues New Guidance on Corporate Compliance Programs
Join Us on February 9 for a Complimentary Webinar on Redlining and Fair Lending
Attorney and Mortgage Relief Scam Operator Banned from Debt Relief Business
California Supreme Court Finds Two Payday Lenders Not Immune From State Lending Laws

Join Us on March 23 for a Complimentary Webinar on Electronic Fund Transfer Act (EFTA) – Latest Trends and Developments

By Alan Wingfield on March 21, 2017

Over the past few years, Regulation E, which implements the Electronic Fund Transfer Act, has been cited by federal regulators in rulemaking, enforcement actions and bulletins. The CFPB has not only used the EFTA in its rulemaking concerning prepaid accounts, but it has filed enforcement actions for alleged violations of EFTA and issued bulletins concerning...
Republicans Move to Roll Back CFPB Prepaid Card Rules
CFPB Asks FL District Court to Approve $107M Settlement
Federal Court Transfers Payment Processor’s Case Seeking Collection of $4.5M Judgment
CFPB Orders MasterCard and UniRush to Pay $13 Million

TCPA Defendant Settles Class Claims on Individual Basis Following Counterclaims for Harassment and Racketeering

By Ross Andre on March 22, 2017

BrandRep, the defendant in a Telephone Consumer Protection Act putative class action lawsuit pending in the United States District Court for the Central District of California, recently settled putative nationwide class claims on an individual basis, resulting in dismissal of the case.  The settlement came on the heels of BrandRep’s assertion of counterclaims that put...
Offshore Call Center Bill Reintroduced in Congress
TCPA Class Action Dismissed Based on Lack of Vicarious Liability
High Call Volume Not Necessarily a Violation of FDCPA or Rosenthal Act
CFPB Sues Law Firms for Debt Relief Fees Disguised as Bankruptcy Fees

TCPA Defendant Settles Class Claims on Individual Basis Following Counterclaims for Harassment and Racketeering

By Ross Andre on March 22, 2017

BrandRep, the defendant in a Telephone Consumer Protection Act putative class action lawsuit pending in the United States District Court for the Central District of California, recently settled putative nationwide class claims on an individual basis, resulting in dismissal of the case.  The settlement came on the heels of BrandRep’s assertion of counterclaims that put...
Court Preliminarily Approves $1.2M FACTA Class Action Settlement Against Microsoft
FTC Releases Annual Summary of Consumer Complaints
High Call Volume Not Necessarily a Violation of FDCPA or Rosenthal Act
Kansas Federal Court Grants Partial Approval to Background Check Disclosure Class Action Settlement

High Call Volume Not Necessarily a Violation of FDCPA or Rosenthal Act

By Justin M. Brandt on March 13, 2017

In Hinderstein v. Advanced Call Ctr. Techs., No. 15-100017 (C.D. Cal. Feb. 27, 2017), a case alleging violation of the federal Fair Debt Collection Practices Act and California’s Rosenthal Fair Debt Collection Practices Act before the United States District Court for the Central District of California, the Court found that a relatively high call volume...
DOJ Issues New Guidance on Corporate Compliance Programs
Join Us on February 9 for a Complimentary Webinar on Redlining and Fair Lending
Supreme Court To Decide Whether Financing Company Collecting Debts Is A “Debt Collector” Under The FDCPA
Join Us for the ACI Consumer Finance Class Actions & Litigation Conference in Miami

Courts Approve $950,000 FCRA Class Action Settlement Against McDonald’s

By Julie Hoffmeister on March 20, 2017

On March 15, the United States District Court for the Central District of California granted final approval of a Fair Credit Reporting Act class action against fast food restaurant McDonald’s.  The named plaintiff, James Wesley Carter, originally brought the action against McDonald’s in July 2015 alleging that McDonald’s violates the rights of consumers by failing...
Improper Form of Background Check Disclosure Not Sufficient Injury for Standing
Kansas Federal Court Grants Partial Approval to Background Check Disclosure Class Action Settlement
Join Us at the NAPBS 2017 Mid-Year Legislative & Regulatory Conference
District Court Finds That Sending Copy of Background Check Satisfies FCRA Pre-Adverse Action Obligations

NY AG Announces Settlement with Health App Developers Over Marketing and Privacy Practices

By Stephen C. Piepgrass on March 28, 2017

On March 23, New York Attorney General Eric Schneiderman announced settlements with three health-related applications sold in Apple’s App Store and Google’s Play Store.  The settlements arose from allegations of misleading claims and irresponsible privacy practices.  Under the terms of the settlements, the developers agreed to provide additional information about how the apps were tested,...
TCPA Class Action Dismissed Based on Lack of Vicarious Liability
SuperAmerica Convenience Store Agrees to $3.5 Million TCPA Class Action Settlement
Bebe’s Motion to Decertify TCPA Classes Denied by California Federal Court
Ninth Circuit Affirms Summary Judgment in Favor of Defendants in TCPA Text Messaging Case

NY AG Announces Settlement with Health App Developers Over Marketing and Privacy Practices

By Stephen C. Piepgrass on March 28, 2017

On March 23, New York Attorney General Eric Schneiderman announced settlements with three health-related applications sold in Apple’s App Store and Google’s Play Store.  The settlements arose from allegations of misleading claims and irresponsible privacy practices.  Under the terms of the settlements, the developers agreed to provide additional information about how the apps were tested,...
Lawmakers in U.S. House of Representatives Considering Bill That Would Reform Class Action Litigation under Federal Rule of Civil Procedure 23
New York AG Announces Settlement with Freedom Stores
Consumer Protection Remains Stated Focus of Washington AG
Memorandum of Understanding Signals Continued US-Canada Cooperation