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Carter is an associate in the firm’s Consumer Financial Services practice. His practice focuses on consumer protection statutes and complex litigation, including claims arising under Fair Credit Reporting Act (FCRA), Fair Debt Collection Protection Act (FDCPA), and Telephone Consumer Protection Act (TCPA).

Federal Deposit Insurance Corp. (FDIC) Chairman Jelena McWilliams announced at the October 25 Money 20/20 conference that the FDIC is currently working with the Federal Reserve and Office of the Comptroller of the Currency to develop a series of policy statements aimed at addressing engagement in activities involving cryptocurrency assets. Those policy statements are expected

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,

The United States District Court for the Southern District of New York recently dismissed a Fair Debt Collection Practices Act suit with prejudice brought over disclosure language in a debt collection letter. The Court found that while certain disclosure language is included in the FDCPA, failure to include it does not necessarily give rise to

Telephone Consumer Protection Act claim defendants and fans of civil procedure have cause to celebrate as another district court limits the scope of potential class members against out-of-state defendants.  

On May 10, the District Court for the Northern District of Illinois struck non-residents of Illinois from a putative class in a

A bipartisan group of attorneys general from thirty-eight states have signed on to a letter backing the Secure and Fair Enforcement (“SAFE”) Banking Act – H.R. 1595 – as it moves toward the floor of the House of Representatives.

Thirty-three states plus the District of Columbia, Puerto Rico, and Guam have legalized marijuana for medical

In light of recent challenges to the Telephone Consumer Protection Act on First Amendment grounds, a recent decision from the Middle District of Florida provides yet another clear example of the TCPA’s content-based discrimination.    

The case, Gaza v. Navient Solutions LLC, No. 8:18-cv-1049, concerned calls made to a cell phone to collect a student

Who should decide the “gateway” issue of arbitrability? That is, should a court or an arbitrator decide whether a particular issue is subject to arbitration?  According to the Fourth Circuit, it depends on the agreement to arbitrate.  

On January 4, the Fourth Circuit issued an opinion in Novic v. Credit One, No. 17-2168,

The Seventh Circuit Court of Appeals has affirmed summary judgment in a recent Fair Debt Collection Practices Act case where the plaintiff alleged that a repossession company demanded payment before she would be allowed to recover personal property left in the vehicle.  The Court held that the plaintiff’s testimony did not create a

A recent federal court decision granting summary judgment to a plaintiff on a claim that a lender violated the Fair Credit Reporting Act (the “FCRA”), 15 U.S.C. § 1681 et seq., by failing to conduct a “reasonable” investigation of a credit reporting dispute – an issue normally reserved for a jury – illustrates the difficulty

On August 18, following a bench trial, the United States District Court for the District of Nevada found defendants Terrason Spinks and his company, Jet Processing, Inc., jointly and severally liable for $280,911,870 in consumer injury caused by violations of the Federal Trade Commission Act (“FTC Act”) and Electronic Fund Transfer Act (“EFTA”).  This case