On June 12, a Northern District of Illinois judge ordered loan servicer and debt collector Real Time Resolutions, Inc. to distribute $261,815.82 in unclaimed funds to class members, rather than donating the funds to charity as a cy pres award. In doing so, the Court settled a dispute between the parties as to the proper
Last fall, Troutman Sanders reported that the Federal Communications Commission released its final report and order creating a reassigned numbers database to block robocalls. The FCC has now issued formalized policies to allow carriers to block calls by default using “reasonable analytics.”
The final version of the ruling is largely unchanged from the proposed version.
New York State’s Department of Financial Services (“DFS”) has unveiled two new divisions focused on consumer protection, enforcement, and cybersecurity. These highly–touted divisions expand the enforcement capabilities of DFS and confirm that the department will continue to serve as a regulatory leader in the consumer protection space.
The Cybersecurity
On June 25, the Consumer Financial Protection Bureau will host the first of a series of symposia exploring consumer protections in the financial services industry. This initial symposium will focus on the meaning and scope of “abusiveness” under Section 1031 of the Dodd-Frank Act.
Under the Dodd-Frank Act, the CFPB may take enforcement, supervision,
The Federal Trade Commission has announced a settlement with LightYear Dealer Technologies, LLC, doing business as DealerBuilt, a company that sells software and data services to auto dealers. The FTC alleged that DealerBuilt’s poor data security practices resulted in a breach that exposed the personal information of millions of consumers. A hacker gained unauthorized access
The Federal Trade Commission has issued a Final Rule rescinding several Model Forms and Disclosures it had promulgated under the Fair Credit Reporting Act. The FTC determined these Model Forms and Disclosures were no longer necessary following the transfer of rulemaking authority associated with these forms to the Bureau of Consumer Financial Protection (“CFPB”) under
On June 10, the Consumer Financial Protection Bureau (CFPB) issued a final rule extending the compliance deadline for key provisions of its controversial Payday Lending Rule. The new compliance deadline is November 19, 2020, but the CFPB – despite sharp criticism from consumer advocates and leading Democrats – is expected to rescind the most controversial
On May 29, the Consumer Financial Protection Bureau announced a settlement with BSI Financial Services, a Texas-based mortgage servicer. Acting as a reminder to mortgage servicers of the importance of maintaining rigorous information management systems, the CFPB alleged BSI violated the Consumer Financial Protection Act of 2010, the Real Estate Settlement Procedures Act, and the
In a closely watched case, the Ninth Circuit issued an 8-3 en banc decision reinstating a $210 million multidistrict class action settlement involving the fuel efficiency of Hyundai and Kia vehicles on June 6, 2019.
Through its decision, the Court overturned a previous panel decision from January 2018 that held that courts must weigh individual
It is well settled that the purpose of filing a bankruptcy petition is to “give[] the honest but unfortunate debtor . . . a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of pre-existing debt.” Local Loan Co. v. Hunt, 292 U.S. 234,
