Monitoring the financial services industry to help companies navigate through regulatory compliance, enforcement, and litigation issues
Penn National Gaming has been hit with a class action alleging violations of the Fair Credit Reporting Act’s requirement that an employer’s disclosure to a job applicant that a background check is being obtained be made in a document consisting “solely” of the disclosure.
According to the complaint filed in the Philadelphia County Court of…
As we previously reported, section 301(b) of the Bipartisan Budget Act of 2015 permits an exception to the Telephone Consumer Protection Act of 1991 for calls and text messages “made solely to collect a debt owed to or guaranteed by the United States.” The TCPA generally prohibits calls made and text messages sent utilizing …
In Robrinzine v. Big Lots Stores, Inc., the plaintiff brought what has become a familiar class action claim against employers under the Fair Credit Reporting Act (“FCRA”). According to the complaint, when Robrinzine applied for employment with Big Lots, she received a disclosure form informing her that a background check would be procured. She …
As we previously reported, on November 4, 2015, U. S. Senator Edward Markey (D-Mass.) introduced the Help Americans Never Get Unwanted Phone calls Act of 2015—or HANGUP Act for short. The legislation, which has 14 Democratic co-sponsors, would repeal section 301(b) of the Bipartisan Budget Act of 2015, which …
On February 2, following a joint investigation of the Consumer Financial Protection Bureau and the Civil Rights Division of the Department of Justice, Toyota Motor Credit Corporation, the financing arm and subsidiary of the Japanese auto giant, agreed to pay up to $21.9 million in restitution to thousands of minority borrowers who allegedly were charged …
I. Background
On February 3, 2016, the Consumer Financial Protection Bureau (CFPB) issued a bulletin warning companies that furnish information on consumers to consumer reporting agencies (CRAs) yet again of the need to have adequate policies and procedures. This bulletin makes clear that any company that supplies information to CRAs is in an area of…
On January 25, on a 23-15 vote, Virginia’s “ban the box” bill, SB335, passed the Virginia Senate. The proposal will now make its way to the Virginia House of Delegates for deliberation and potential approval.
SB 335 generally bars “state agencies” from inquiring into a job candidate’s criminal background before …
Debt collectors frequently rely on affidavits that attest to the validity of underlying debt in state court collection actions. An issue that has garnered attention is the extent to which the debt collector must possess personal knowledge of the facts contained in its supporting collection affidavits. In Janson v. Katharyn B. Davis, LLC (Case No.…
On January 20, 2016, the United States Supreme Court issued an opinion that addresses a narrow procedural point with major implications for legal risks for companies under the Telephone Consumer Protection Act (TCPA).
Campbell-Ewald Co. v. Gomez addresses whether a class action lawsuit under the TCPA can continue after the defendant makes the plaintiff an…
On December 17, Judge Christina Snyder of the United States District Court for the Central District of California granted a motion to stay a lawsuit under the Telephone Consumer Protection Act (“TCPA”) by Defendant Time Warner Cable (“TWC”). The Court granted the motion pending the District of Columbia Circuit Court of Appeals’ decision in ACA …
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