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
In a noteworthy decision refining application of the Securities Litigation Uniform Standards Act (SLUSA), the Ninth Circuit recently held that SLUSA did not bar a state law class action for alleged breach of fiduciary duties brought by investors against a financial advisory firm. In Anderson v. Edward D. Jones & Col, L.P, decided in
2020 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 compliance curve.
In this report, we share developments in 2020 on consumer class actions, background screening, bankruptcy,
On March 13, two days after the World Health Organization announced that the coronavirus (“COVID-19”) outbreak could be characterized as a pandemic, the White House declared the outbreak a national emergency.
In response, the Consumer Data Industry Association (“CDIA”) provided guidance for lenders and creditors who report information about consumers whose accounts are
The United States District Court for the District of Idaho in Dorfman v. Albertson’s, LLC recently granted a Telephone Consumer Protection Act defendant’s motion to deny class certification – not once, but twice – based on the emergency purposes exception to TCPA liability. This exception does not require prior consent to receive autodialed calls or
The Consumer Financial Protection Bureau filed a lawsuit in the United Stated District Court for the District of Maryland against FCO Holding, Inc. and its subsidiaries, as well as Michael E. Sobota, the chief executive officer and 100% owner of FCO Holding, Inc. The Maryland debt collector entities operate collectively under the name Fair Collections
The District Court for the Southern District of Texas recently awarded a defendant summary judgment because the defendant’s call records directly contradicted the plaintiff’s vague recollection of events. The Plaintiff in Young v. Medicredit Inc., No. H-17-3701, 2019 U.S. Dist. LEXIS 71020 (S.D. Tex. Apr. 26, 2019), asserted claims against Defendant Medicredit Inc. (“Medicredit”)
The District Court for the Northern District of Ohio denied defendant JTM Capital Management, LLC’s motion to dismiss consumer plaintiff Carolyn Holloway’s Fair Debt Collection Practices Act complaint in Holloway v. JTM by ruling that JTM’s inquiry into Holloway’s consumer credit report qualifies as an attempt to collect a debt because JTM sought information for
The District Court for the Eastern District of Arkansas granted summary judgment in favor of defendant debt collector ProCollect, Inc. in Jennifer Fox v. ProCollect, Inc. by ruling that ProCollect did not violate the Fair Debt Collection Practices Act by making two phone calls to a wrong number after first learning the number was not
In American Family Mutual Insurance Company v. Vein Centers for Excellence, Inc. et al., the Court of Appeals for the Eighth Circuit upheld the Eastern District of Missouri’s ruling granting summary judgment in favor of American Family, finding that the insurer did not have to defend and indemnify its client Vein Centers,