On January 24, the Consumer Financial Protection Bureau issued a policy statement that limits the “abusive acts and practices” standard created by the 2010 Dodd-Frank Act. While the policy statement does not define what constitutes an “abusive” act or practice, and in fact leaves many important questions unanswered, it plainly limits the scope of the
On January 9, 2020, the United States Court of Appeals for the Eleventh Circuit issued its decision in Williams v. First Advantage Lns Screening Solutions, a case watched closely by the background screening industry. In Williams, the Court affirmed a $250,000 compensatory damages award and reduced a $3.3 million punitive damages award to
We are pleased to announce that Troutman Sanders attorney Alan Wingfield will be presenting during a Stafford Webinar titled, “Bank Overdraft Fee Litigation and Regulatory Developments: Minimizing Liability Exposure” on March 11th, 2020 from 1:00-2:30pm.
This CLE webinar will provide counsel for financial institutions with an analysis of recent litigation and regulatory trends
The United States Supreme Court has agreed to consider a challenge to the constitutionality of the Telephone Consumer Protection Act (TCPA). On Friday, January 10, 2020, the Supreme Court issued orders from the justices’ conference, which included an order for oral argument in Barr v. American Association of Political Consultants – a case involving a
Shortly before the end of the year, two bills, introduced in the U.S. House of Representatives earlier in 2019, that seek to amend the Fair Credit Reporting Act (“FCRA”) were amended and reported out by the House Committee on Financial Services for consideration by the full House.
H.R. 3622, titled “Restoring Unfairly Impaired Credit
With the ever-changing case law surrounding the Telephone Consumer Protection Act, staying up to date with what cases are relevant and where courts stand on certain, very important definitions, can be an almost impossible task. Further, in the 28 years since the TCPA was enacted, the legislation has been considered outdated by many companies.
As
On December 20, the Ninth Circuit affirmed the Washington district court’s decision that denied Huuuge, Inc.’s bid to arbitrate a proposed class action based on a browsewrap agreement. In Wilson v. Huuuge, Inc., No. 18-36017, 2019 U.S. App. LEXIS 37952 (9th Cir. Dec. 20, 2019), the Ninth Circuit held that “because Huuuge did not
The U.S. District Court for the Middle District of Florida has awarded summary judgment in favor of a furnisher on a consumer’s claims brought under the Fair Debt Collection Practices Act. The dispute arose out of credit reporting on the account. The plaintiff asserted that the furnisher violated credit reporting standards by inaccurately identifying
On December 11, PayPal, Inc. filed suit against the Consumer Financial Protection Bureau in the United States District Court for the District of Columbia alleging that the CFPB’s Prepaid Card Rule (“the Rule”) represents a “category error” and violates the First Amendment. At issue is the applicability of the Rule to digital wallets compared to
As the world waits to see whether the United States Supreme Court will consider the constitutionality of the Telephone Consumer Protection Act, a magistrate judge in the United States District Court for the Southern District of Florida recently weighed in on the issue, denying a defendant’s motion to dismiss a class action where the defendant