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 24, the Consumer Financial Protection Bureau released a list of resources to assist consumers in taking steps to protect their finances during the coronavirus (“COVID-19”) pandemic. The resources can be found here.
Specifically, the resources provided by the CFPB address the following issues:
The Seventh Circuit Court of Appeals upheld dismissal of a consumer’s claim that the phrase “current balance” in a collection letter obscured the static nature of her debt.
Plaintiff Patricia Ann Koehn alleged that the collection letter from defendant Delta Outsource Group, Inc. falsely implied that Koehn’s static debt was subject to interest and fees
The Second Circuit remains a hotbed for consumer claims under the Fair Debt Collection Practices Act related to disclosures of interest and fees in collection letters. Plaintiffs bombard New York courts with these claims, forcing courts to meticulously review every possible disclosure of amounts due. While most of these claims ultimately fail on summary judgment,
On April 26, the United States District Court for the Southern District of Texas granted summary judgment in favor of a defendant on a Fair Debt Collection Practices Act claim regarding calls in an attempt to collect a delinquent medical debt.
In Jennifer Young v. Medicredit, Inc., the consumer
On April 12, the United States District Court for the Southern District of California upheld a magistrate judge’s discovery order requiring the production of settlement agreements containing confidentiality provisions.
In Kenneth J. Moser v. Health Insurance Innovations, Inc., consumer plaintiff Kenneth Moser brought putative class action claims against Health Insurance Innovations (“HIIQ”)
A U.S. Bankruptcy Court has denied a creditor’s motion for sanctions against a law firm in the Middle District of Florida which the creditor alleged engaged in serial filings.
Lash Wilcox & Grace PL (“LW&G”), formerly known as Lash & Wilcox PL, is a law firm with a niche practice specializing in the prosecution of
The United States Court of Appeals for the Sixth Circuit has issued an opinion that sheds light on whether foreclosure proceedings constitute debt collection. In Scott v. Trott Law, P.C., the Court held that under the Fair Debt Collection Practices Act, a debt collector had a duty to ensure that foreclosure proceedings were stopped
The United States District Court for the Northern District of Alabama ruled in favor of a debt collector in Swann v. Dynamic Recovery Solutions LLC, granting a motion to dismiss regarding a statute of limitations disclosure in a collection letter.
Plaintiff Susan Swann alleged violations of Section 1692 of the FDCPA for making false,
The Pennsylvania Supreme Court has ruled that employers have a legal duty to use reasonable care to safeguard the sensitive personal information of employees stored on an Internet-accessible computer system.
In Dittman v. UPMC, former and present employees of the University of Pittsburgh Medical Center filed a putative class action against UPMC arising from