The Consumer Data Industry Association (“CDIA”), a trade association whose members include the three largest consumer reporting agencies (“CRAs”), recently filed a lawsuit in Maine seeking a declaratory judgment that two recently passed credit reporting laws are preempted by the Fair Credit Reporting Act.
Earlier this year, the Maine legislature passed
A new court decision raises important compliance issues for creditors who use an internal debt collection unit: whether separately naming the unit in a document also naming the creditor in its main business name can cause confusion, giving rise to a claim under the Fair Debt Collection Practices Act.
On September 4, a U.S. d
The Telephone Consumer Protection Act discriminates between types of calls based on content: persons calling to seek collection of federal debts get an exemption from TCPA requirements, while other types of calls do not. Federal courts have split over whether this discrimination is constitutional, setting up in the long term a possible Supreme Court
On August 21, the Federal Trade Commission approved a final consent order settling charges that SecurTest, Inc., a background screening company, falsely claimed to be in compliance with international privacy frameworks.
The EU-U.S. and Swiss-U.S. Privacy Shield frameworks establish standards for the transfer of consumer data from European Union countries and Switzerland to the United
Debt collectors beware: On August 12, the U.S. Court of Appeals for the Third Circuit held that a debt collector violates section 1692f(8) of the Fair Debt Collection Practices Act by displaying an unencrypted “quick response” (or “QR”) code on the face of an envelope containing a debt collection letter that, when scanned,
The Second Circuit remains a hotbed for consumer claims under the Fair Debt Collection Practices Act related to disclosures of interest and fees in collection letters. Plaintiffs bombard New York courts with these claims, forcing courts to meticulously review every possible disclosure of amounts due. While most of these claims ultimately fail on summary judgment,
When the U.S. Court of Appeals for the D.C. Circuit decided ACA International v. Federal Communications Commission[1] in March 2018, many viewed the decision as a potential swan song for the Telephone Consumer Protection Act. Experts predicted the FCC, buoyed by Chairman Ajit Pai, would step in quickly to reform existing regulatory guidance interpreting
CVS Pharmacy has agreed to pay $15 million to settle long-running claims asserted by a nationwide class of consumers who allegedly received unsolicited flu shot reminder calls. The parties filed a motion for preliminary approval of the class settlement this week in the United States District Court for the Northern District of Illinois.
The underlying
On July 25, the Federal Trade Commission published a request for public comment on its implementation of the Children’s Online Privacy Protection Act (“COPPA”) through the COPPA Rule.
COPPA regulates how websites and online services collect data and personal information from children. The FTC’s COPPA Rule requires that such operators who collect personal information from
In August 2018, a sports concession company successfully moved to dismiss a class action complaint arising under the Fair and Accurate Credit Transactions Act, finding the named plaintiff lacked Article III standing because she suffered no harm. The victory was short-lived, however, as the U.S. Court of Appeals for the District of Columbia Circuit reversed