In Cour v. Life360, Inc., the United States District Court for the Northern District of California granted a defendant’s motion to dismiss a claim under the Telephone Consumer Protection Act, finding that the defendant’s system for sending text messages did not constitute “making” a call under the statute. In reaching
FTC Consent Order With Two Ohio Auto Dealers Resolves Misleading Advertising Claims
On July 14, the Federal Trade Commission announced that it had entered into a final consent order with Ohio auto dealers Progressive Chevrolet Company and Progressive Motors Inc. (collectively, the “Progressive Dealers”), which the FTC had “charged with deceiving consumers by using advertising that touted low monthly car lease payments and down payments but failed
CFPB Monthly Report Highlights Complaints About Various Consumer Loans
On June 28, the Consumer Financial Protection Bureau released its Monthly Complaint Report, which aims to provide “a high-level snapshot of trends in consumer complaints” concerning products such as auto loans, installment loans, and title loans. The CFPB claims that since it began collecting such complaints in July 2011, it has handled a total
Sirius XM Settles TCPA Class Action for $35 Million
In one of the largest settlements in history under the Telephone Consumer Protection Act (“TCPA”), Sirius XM Radio Inc. agreed to pay $35 million to resolve putative class actions filed throughout the country alleging that it had used an automatic telephone dialing system to engage in telemarketing to trial users of its satellite radio service
A Serious Circuit Split On Class Ascertainability
Law360, New York (June 30, 2016, 4:42 PM ET) —
The Eighth Circuit’s recent ruling in Sandusky Wellness Center LLC v. Medtox Scientific Inc. on ascertainability deepened a circuit split on one of the most important and challenging class certification issues. Until theU.S. Supreme Court resolves the split, the legal standard for ascertainability
City of Brotherly Love has Little Love for Employment Credit Checks
Earlier this month, the Mayor of Philadelphia signed legislation regulating the use of credit checks in employment decisions. By enacting this legislation, Philadelphia joins a growing cast of cities and states throughout the country prohibiting employment credit checks in certain instances. When coupled with recent federal Equal Employment Opportunity Commission enforcement actions against employers based
CFPB Releases “Know Before You Owe” Guide for Auto Purchases
The Consumer Financial Protection Bureau (“CFPB”) has released an “auto loan shopping sheet” and other online resources as part of its “Know Before You Owe” initiative, which aims to assist consumers with comparison shopping and financing auto purchases. The initiative “walks consumers through each step of the auto finance process to help them
CFPB Warns of Debt Risks for Car Title Loans, Foreshadows Upcoming Regulation
On May 18, the Consumer Financial Protection Bureau issued a 24-page report regarding consumer usage and default patterns for vehicle title loans. Such loans are made to borrowers who sign over their car titles as collateral, and are commonly made to individuals with poor credit histories in need of fast cash. Although the borrower retains
Join Us for a Troutman Sanders Webinar: A Year in Review – TCPA Developments since the FCC’s Landmark Declaratory Ruling
Join Troutman Sanders partners Alan Wingfield and Chad Fuller, and associate Virginia Flynn for a webinar entitled, “A Year in Review – TCPA Developments since the FCC’s Landmark Declaratory Ruling,” on Tuesday, June 7, from 12:00-1:00 p.m. EDT.
The Federal Communications Commission’s landmark July 10, 2015 Declaratory Ruling interpreting the Telephone Consumer Protection Act
U.S. Supreme Court Remands Spokeo in Ruling that Mere Technical, Statutory Violation Is Insufficient to Confer Article III Standing
On May 16, 2016, the Supreme Court of the United States issued its much-anticipated decision in Spokeo, Inc. v. Robins. Spokeo considered whether Congress may confer Article III standing by authorizing a private right of action based on the violation of a federal statute alone, despite a plaintiff having suffered no “real world” harm.