Join us on Wednesday, March 13th, 2:00-3:00 pm (EST), as we take a closer look at recent developments in class action litigation. Along with proposed legislative changes working their way through Congress, we’ll touch on the following topics to help you effectively manage the litigation:
The Seventh Circuit recently affirmed judgment in favor of the national consumer reporting agencies (“CRAs”), rejecting a plaintiff’s attempt to impose Fair Credit Reporting Act liability upon the CRAs for reporting information the furnisher had verified as accurate. This case represents a significant victory for CRAs facing collateral attacks of the
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, members of Troutman’s Consumer Financial Services Practice will review the current state of federal and state consumer financial services law and policy and highlight what you and
On January 17, in Kibbee v. Smith-Palluck Associates Corp., No. 2:18-cv-01848, a putative class action pending in the United States District Court for the District of Nevada, the Court entered an order notifying the United States Attorney General that the constitutionality of the Telephone Consumer Protection Act has been called into question and giving
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
On Wednesday, January 30th, from 2 – 3 pm ET, Troutman Sanders attorney, Cindy Hanson will be a presenter through a webinar held by PLUS Virtual Education. The webinar is called, “Employer Liability,” and will focus on exploring employer’s liability under the Fair Credit Reporting Act (FCRA) and provide an update on legal developments and
It is commonplace today for businesses to include binding arbitration provisions in customer agreements. It is also common for these arbitration agreements to have a “delegation provision,” where the parties agree to delegate to the arbitrator – not the court – questions of whether the arbitration agreement applies to a dispute. But even when the
On Oct. 4, 2018, in Smith v. Mutual of Omaha Insurance Company,[1] the United States District Court for the Southern District of Iowa ruled the plaintiff could not advance his putative class action under the Fair Credit Reporting Act if he qualified as an independent contractor rather than an employee. The decision presents another helpful
The decision in ACA Int’l v. FCC, 885 F.3d 687, 701 (D.C. Cir. 2018), invalidated the Federal Communications Commission’s 2015 Declaratory Ruling with regard to what qualifies as an automatic telephone dialing system, or “ATDS,” under the Telephone Consumer Protection Act. Based on this, the Third
A Pennsylvania district court recently dismissed a complaint due to the plaintiff’s lack of standing to assert violations of the Fair Credit Reporting Act. In Harmon v. RapidCourt, LLC, Case No. 17-5699 (E.D. Pa. Nov. 20, 2018), consumer plaintiff Icarus Harmon asserted violations based on a stale criminal history that RapidCourt had provided to