The United States District Court for the District of Idaho in Dorfman v. Albertson’s, LLC recently granted a Telephone Consumer Protection Act defendant’s motion to deny class certification – not once, but twice – based on the emergency purposes exception to TCPA liability. This exception does not require prior consent to receive autodialed calls or
The U.S. Chamber of Commerce and a number of other groups that represent financial institutions, health care companies, insurance companies, and retail outlets sent a letter to Secretary of the Federal Communications Commission Marlene H. Dortch on February 5, asking the FCC “to clarify expeditiously” the definition of an automatic telephone dialing system under the
On January 29, the U.S. House of Representatives passed the Comprehensive Credit Act (“the Act”). Packaging several Democrat-sponsored bills together, the Act garnered the support of all but two of the present House Democrats. If enacted into law, the Act would significantly change the information that credit reports can contain, expand the processes available
We are pleased to announce that Troutman Sanders attorneys, David Anthony, Cindy Hanson, and Timothy St. George will be presenting during the 2020 Professional Background Screening Association (PBSA) Mid-Year Conference in Arlington, VA from April 19-21, 2020. The Mid-Year Legislative & Regulatory Conference is held each year in the spring. The focus is
This month, the Consumer Financial Protection Bureau and the Department of Education entered into a Memorandum of Understanding intended to enhance their level of collaboration with respect to complaints and concerns raised by student loan consumers.
The agreement provides that the two federal agencies will, to the extent permitted by privacy laws, share consumer complaint
We are pleased to announce that Troutman Sanders attorneys David Anthony and Bill Hurd will be presenting during the Conference of Tribal Lending Commissioners (CTLC) Spring Meeting at Planet Hollywood in Las Vegas, NV on March 2nd, 2020.
The CTLC is a non-profit volunteer organization founded by and for American Indian tribes’ financial
The United States District Court for the Eastern District of New York recently decided a motion to dismiss in Wexler v. Reliant Capital Solutions, LLC, denying Reliant’s motion as to plaintiff Marshall Wexler’s claims under the Fair Credit Reporting Act and dismissing Wexler’s claims under the Fair Debt Collection Practices Act. A copy of
In March 2019, plaintiffs Axel Derval and Morgan Simmons initiated a Telephone Consumer Protection Act class action lawsuit against Xaler – a cannabis delivery company. Plaintiffs alleged that Xaler employs a “uniform policy of causing text messages to be sent to consumers’ cellular telephones on Xaler’s behalf without prior express consent.” Xaler asserts that it
Last week, the Consumer Financial Protection Bureau issued a Policy Statement announcing a new designation for CFPB guidance, which will be known as “Compliance Aids.” In its announcement, the CFPB explained the legal status and effect of this designation. The full Policy Statement can be located here and became effective on February 1.
The Policy
On January 17, the Financial Industry Regulatory Authority Inc. promoted and named Jessica Hopper as Executive Vice President and Head of Enforcement. Hopper had been serving as the Acting Head of Enforcement since Susan Schroeder announced her departure in September 2019. Hopper now reports directly to CEO Robert Cook.
Hopper began working at FINRA in
