Effective September 1, the American Arbitration Association (AAA) has finally updated its Commercial Rules and Mediation Procedures, concluding a two-year internal review. The amendments provide greater procedural discretion to arbitrators, further streamline expedited arbitrations, change the amount-in-controversy requirements for certain arbitration paths, and provide express confidentiality protections, among other things.
First, the amended
The District Court in the Northern District of Illinois, in Spiegel v. EngageTel Inc. (N.D. Ill. Mar. 29, 2019), granted summary judgment in favor of defendants EngageTel Inc. and its principal, Dennis Carlson, on certain claims, but left a claim under the Telephone Consumer Protection Act remaining. The District Court’s decision is significant
A district court in Texas, in Young v. ProCollect, Inc. (N.D. Tex. Feb. 21, 2019), granted summary judgment in favor of a defendant debt collector, ProCollect, Inc., where claims were asserted by the plaintiff, Ronnie Young, on behalf of himself and a putative class, under the Fair Debt Collection Practices Act.
In the complaint,
On January 29, the District Court in Georgia, in Jones v. Jason A. Craig and Associates, P.C., denied a motion for judgment on the pleadings by a defendant-collections law firm seeking dismissal of a Fair Debt Collection Practices Act claim. Plaintiff John Jones alleges that the law firm’s use of “& Associates,” as
2018 was a busy year in the consumer financial services world. As we navigate the continuing heavy volume of regulatory change and forthcoming developments from the Trump administration, Troutman Sanders is uniquely positioned to help its clients successfully resolve problems and stay ahead of the compliance curve.
In this report, we share developments on
A recent immigration proposal from the Trump administration seeks to require the use of credit reports and scores as part of the U.S.’s immigration and green card review process. The proposal, which specifically notes the Fair Credit Reporting Act in discussing an applicant’s requirement to provide (and sometimes pay for) a credit report, will also
On November 28, Senators Dianne Feinstein (D-Calif.) Richard Blumenthal (D-Conn.), and Amy Klobuchar (D-Minn.) introduced the REAL PEACE Act, short for “Robocall Elimination At Last Protecting Every American Consumer’s Ears.” The goal of the legislation is to provide the Federal Trade Commission with the power to regulate companies that facilitate robocalls and, of particular importance,
The Court in Patterson v. Peterson Enterprises, Inc., No. 2:18-cv-161-RMP (E.D. Wash. Oct. 23, 2018) recently denied a motion to dismiss seeking dismissal of a Fair Debt Collection Practices Act (“FDCPA”) claim due to the consumer plaintiff’s assertions that counterclaims in a previous collections lawsuit indicated that a debt was being disputed. The Court
As previously discussed in our June 15 post titled “New York DFS Clarifies Debt Collection Requirements,” the Federal Trade Commission co-hosted the first “Debt Collection Dialogue” in Buffalo, New York, together with the New York Attorney General’s Office. As part of that event, FTC Bureau of Consumer Protection Director Jessica Rich and
Federal courts in New York and Georgia have granted the Federal Trade Commission’s request to temporarily stop certain debt collection practices that the FTC alleges violate federal law. Specifically, the FTC alleges that the unlawful and scandalous activity includes threatening and deceiving consumers through text messages, emails, and certain types of phone calls.
On May