2021 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and stay ahead of the curve.
In this report, we share developments on auto finance, background screening, bankruptcy, consumer class actions, consumer
On December 22, the U.S. District Court for the District of New Jersey dismissed putative class claims brought against a health insurance company, following a 2013 data breach incident. In In re Horizon Healthcare Servs. Data Breach Litigation, the court dismissed a putative class complaint against Horizon Healthcare Services, Inc. (Horizon) and held that
Ruling on several motions to dismiss on January 14, the U.S. District Court for the Eastern District of Virginia denied an effort to dismiss Courthouse News Service’s (CNS) First Amendment challenge to Virginia’s restrictions on public access to electronic court records. This clears the way for the lawsuit to proceed on the merits. Although this
This month, Courthouse News Service (CNS) filed suit against several clerks of the Superior Court of California for allegedly violating the First Amendment rights of members of the press by restricting access to newly filed civil complaints. This suit follows on the heels of CNS’ recent lawsuit in Virginia that also asserted the First Amendment
In November, the Consumer Data Industry Association (CDIA) and the Professional Background Screening Association (PBSA) joined forces to submit an amicus brief in support of landlords’ First Amendment right to conduct criminal record background checks. The case is Yim v. City of Seattle, on appeal before the Ninth Circuit, challenging a Seattle ordinance that
On December 8, the U.S. Department of Justice (DOJ) adopted a rule specifying the minimum national requirements for registration under the Sex Offender Registration and Notification Act (SORNA). The rule, which takes effect on January 7, 2022, “provides a concise and comprehensive statement of what sex offenders must do to comply with SORNA’s requirements.” The
In September 2021, Courthouse News Services (CNS) filed a federal lawsuit in the Eastern District of Virginia against Virginia court officials for allegedly violating the First Amendment rights of the press and public by restricting access to newly filed civil complaints. Currently, only Virginia barred attorneys have digital access to newly filed court records through
The Federal Trade Commission (FTC) recently released a “Serving Communities of Color” report that details fraud and consumer issues that have a disproportionately negative impact on communities of color. This report is the latest installment released by the FTC on the topic and follows prior initiatives, such as the 2014 “Every Community Initiative“
In McKinney-Drobnis v. Oreshack, the Ninth Circuit Court of Appeals reversed the district court’s determination that vouchers awarded to class members were not “coupons” under the Class Action Fairness Act (CAFA), and it admonished the district court’s failure to apply heightened scrutiny to a pre-certification class settlement. No. 20-15539, 2021 U.S. App. LEXIS 31524
In Mowrer v. United States Department of Transportation, the U.S. Court of Appeals for the District of Columbia held that government immunity is waived under the FCRA, but also found that the Federal Motor Carrier Safety Administration (FMCSA) does not act as a consumer reporting agency (CRA) in distributing safety records of commercial truck