*Current as of April 8. This update accounts for guidance from 17 additional states and the District of Columbia.
As states shut down normal operations in response to the novel coronavirus (COVID-19), governors and state attorneys general across the country have offered guidance to local governments about how to balance state laws that emphasize
The United States Court of Appeals for the Seventh Circuit affirmed an Illinois district court’s judgment against Dish Network for Telephone Consumer Protection Act violations except for the calculations of damages.
The telemarketing calls deemed to violate the TCPA were made to consumers who had signed up for the Do Not Call List and previously
Troutman Sanders’ attorneys Troy Jenkins and Matthew White will serve as presenters for the Third Party Payment Processors Association (TPPPA) “Consumer Protection and COVID-19 – An Overview of Federal Guidance and Enforcement, and State Activity in light of COVID-19” webinar on Tuesday April 14, 2020 at 2:00 p.m. ET.
COVID-19 is rapidly altering the legal
On April 1, the United States District Court for the Central District of Illinois denied a debt collector’s motion to dismiss a Fair Debt Collection Practices Act lawsuit stemming from the consumer visiting the debt collector’s online payment portal. This decision highlights the potential risks that debt collectors face in
On April 6, the California Judicial Council, which is the policymaking body of the California court system, adopted 11 emergency rules in light of the coronavirus (“COVID-19”) pandemic.
Emergency Rule 2 suspends all judicial foreclosures, including actions for deficiency judgments. All judicial foreclosures are stayed and the statute of limitations is tolled until 90 days
On April 1, the Consumer Financial Protection Bureau issued a consent order against Cottonwood Financial, Ltd., a short-term, small dollar lender located in Texas. After reviewing the lender’s installment lending, payday lending, title lending, marketing, collections, and furnishing practices, the CFPB identified a number of violations, including those under the Fair Credit Reporting Act, 15
On April 3, the West Virginia Supreme Court of Appeals issued another emergency order extending court deadlines. A press release regarding the order can be found here. The Court’s new order delays all court deadlines for matters scheduled to occur during the emergency period between March 23, 2020 and May 1, 2020 to May
On March 31, the United States District Court for the Eastern District of Michigan ruled in favor of a furnisher that reporting a dispute using the Compliance Condition Code of “XB,” and updating its reporting to “XH” after completing its investigation, does not violate the Fair Debt
On April 3, Nevada released new debt collection guidance that clarified existing emergency regulations implemented in response to the coronavirus (“COVID-19”) outbreak. The Deputy Commissioner of the Nevada Department of Business & Industry recently provided some clarification concerning the Department’s March 20 notice to the collection industry.
The Department’s prior notice deemed collection agencies non-essential
Please join Troutman Sanders attorneys, David Anthony, David Gettings, Cindy Hanson, Alan Wingfield, and John Lynch for a Complimentary Webinar, “Credit Reporting and COVID-19: Guidance for Consumer Financial Service Companies Reporting Consumer Credit During the Pandemic” on Thursday, April 9, 2020 from 4:00 – 5:00 p.m. ET.
The coronavirus (COVID-19) is