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

Supreme Court Wavers During Oral Arguments in FDCPA Case That May Upend Entire Industry

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Join Us for a Complimentary Webinar – Post-Spokeo Survey – An Analysis of Trends and Developments in the Courts

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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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Troutman Sanders Welcomes Amy Pritchard Williams

By Michael E. Lacy on April 04, 2017

Troutman Sanders LLP announced today that Amy Pritchard Williams has joined the firm’s Financial Services Litigation practice in the Charlotte office. She previously practiced at K&L Gates LLP. Williams’ practice focuses on financial services litigation and bankruptcy. She represents financial institutions in connection with False Claims Act actions, internal investigations and government investigations. She also...
DOJ Brief Opposing CFPB Brings More Uncertainty
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

CFPB Publishes Guide to Prepaid Card Rule, Delays Rule’s Effective Date

By Brooke Conkle on April 12, 2017

At the end of January, the Consumer Financial Protection Bureau published its Prepaid Rule – Small Entity Compliance Guide.  The Bureau intends for the Guide to provide a user-friendly summary of the Prepaid Rule, issued in October, but cautions that the Guide is not a substitute for reviewing the Rule, Regulation E, or Regulation Z. ...
U.S. District Court Dismisses CFPB Case Against Payment Processor
CFPB Releases Monthly Report Highlighting Credit Card Complaints
Join Us on March 23 for a Complimentary Webinar on Electronic Fund Transfer Act (EFTA) – Latest Trends and Developments
Republicans Move to Roll Back CFPB Prepaid Card Rules

Supreme Court Wavers During Oral Arguments in FDCPA Case That May Upend Entire Industry

By Chad R. Fuller on April 20, 2017

On April 18, the United States Supreme Court heard long-awaited oral arguments in a case that addresses the fundamental issue of the definition of a “debt collector” under the Fair Debt Collection Practices Act.  The Supreme Court’s decision will resolve an existing Circuit split on whether an entity that purchases defaulted debts and then attempts...
CFPB Cracks Down on Collection Firm for Alleged Misrepresentation of Attorney Involvement
District Court Denies Motion to Dismiss Over Allegedly Misleading Statement About Time-Barred Debt
District of New Jersey Tosses FDCPA Putative Class Action
Ninth Circuit Reverses District Court’s Dismissal of Putative TCPA Class Action

Supreme Court Hears Oral Argument Involving Rule 23(f) Interlocutory Appeals

By Julie Hoffmeister on April 17, 2017

The United States Supreme Court recently heard oral argument in the case of Microsoft Corp. v. Baker, where the Court is set to determine whether a plaintiff can tactically circumvent Rule 23(f) of the Federal Rules of Civil Procedure.  Rule 23(f) provides for an interlocutory appeal of a district court’s denial of class certification.  The...
Join Us for a Complimentary Webinar - Post-Spokeo Survey - An Analysis of Trends and Developments in the Courts
Largest Settlement of FACTA Class Action Against Restaurant Chain Granted Preliminary Approval
Vague Allegations Of Actual Damages Insufficient To Withstand Motion To Dismiss On FCRA Negligence Claim
California’s Regulation Regarding Consideration of Criminal History in Employment Decisions

Supreme Court Wavers During Oral Arguments in FDCPA Case That May Upend Entire Industry

By Chad R. Fuller on April 20, 2017

On April 18, the United States Supreme Court heard long-awaited oral arguments in a case that addresses the fundamental issue of the definition of a “debt collector” under the Fair Debt Collection Practices Act.  The Supreme Court’s decision will resolve an existing Circuit split on whether an entity that purchases defaulted debts and then attempts...
High Call Volume Not Necessarily a Violation of FDCPA or Rosenthal Act
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

North Carolina House Votes Overwhelmingly to “Ban the Box”

By Tim J. St. George on April 18, 2017

The North Carolina House of Representatives recently voted 98-14 to “ban the box” for state agency hiring.  The bill would not apply to private employers or to state positions that “involve direct interaction with minors or the elderly.”   House Bill 409 would prevent state agencies from inquiring into an employment applicant’s criminal history at the...
Join Us for a Complimentary Webinar - Post-Spokeo Survey - An Analysis of Trends and Developments in the Courts
Virginia Federal Court Dismisses FCRA Permissible Purpose Claim on Standing Grounds
Court Rejects FCRA Background Check Settlement As Providing Insufficient Recovery For Class Members In Light Of Ninth Circuit Ruling
California’s Regulation Regarding Consideration of Criminal History in Employment Decisions

Supreme Court Hears Oral Argument Involving Rule 23(f) Interlocutory Appeals

By Julie Hoffmeister on April 17, 2017

The United States Supreme Court recently heard oral argument in the case of Microsoft Corp. v. Baker, where the Court is set to determine whether a plaintiff can tactically circumvent Rule 23(f) of the Federal Rules of Civil Procedure.  Rule 23(f) provides for an interlocutory appeal of a district court’s denial of class certification.  The...
$5.3M Settlement of TCPA Class Action Against Taxi Cab Companies Preliminarily Approved
Ninth Circuit Reverses District Court’s Dismissal of Putative TCPA Class Action
Largest Settlement of FACTA Class Action Against Restaurant Chain Granted Preliminary Approval
NY AG Announces Settlement with Health App Developers Over Marketing and Privacy Practices

CFPB Publishes Guide to Prepaid Card Rule, Delays Rule’s Effective Date

By Brooke Conkle on April 12, 2017

At the end of January, the Consumer Financial Protection Bureau published its Prepaid Rule – Small Entity Compliance Guide.  The Bureau intends for the Guide to provide a user-friendly summary of the Prepaid Rule, issued in October, but cautions that the Guide is not a substitute for reviewing the Rule, Regulation E, or Regulation Z. ...
Multistate Coalition of AGs Calls on Congress to Support Consumer Protections for Prepaid Debit Cards
U.S. District Court Dismisses CFPB Case Against Payment Processor
Troutman Sanders Welcomes Amy Pritchard Williams
Join Us for the Consero Financial Services and Insurance Litigation Forum April 2-4