Earlier this month, twenty-one state attorneys general and the AGs for Washington, D.C. and Puerto Rico sent a letter to the Consumer Financial Protection Bureau (CFPB) urging the CFPB to withdraw its non-binding guidance issued on April 1, 2020 with respect to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The signatory AGs
Indiana Supreme Court Limits Creditors’ Right To Garnish Stimulus Payments
In an order issued on April 20, the Indiana Supreme Court has exercised its rulemaking authority to prevent creditors from being able to attach or garnish stimulus payments issued under the federal Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). See In re Petition to the Indiana Supreme Court to Engage in Emergency Rulemaking
Regulation CC Inflation Adjustments Effective July 1
In July 2019, the Consumer Financial Protection Bureau and the Federal Reserve Board published a final rule on inflation-based adjustments to the dollar amounts under Regulation CC. As a reminder, the increased dollar amounts become effective July 1, 2020.
The Dodd-Frank Act requires adjustments every five years, calculated by the annual percentage increase in the
Seventh Circuit Orders Reassessment of $280M Award Against Dish for TCPA Violations
The United States Court of Appeals for the Seventh Circuit affirmed an Illinois district court’s judgment against Dish Network for Telephone Consumer Protection Act violations except for the calculations of damages.
The telemarketing calls deemed to violate the TCPA were made to consumers who had signed up for the Do Not Call List and previously
Complimentary Webinar Invitation: Credit Reporting and COVID-19: Guidance for Consumer Financial Service Companies Reporting Consumer Credit During the Pandemic
Please join Troutman Sanders attorneys, David Anthony, David Gettings, Cindy Hanson, Alan Wingfield, and John Lynch for a Complimentary Webinar, “Credit Reporting and COVID-19: Guidance for Consumer Financial Service Companies Reporting Consumer Credit During the Pandemic” on Thursday, April 9, 2020 from 4:00 – 5:00 p.m. ET.
The coronavirus (COVID-19) is
The CARES Act’s Nationwide Mortgage Foreclosure Moratorium Headlines Its Important Consumer Protection Provisions
Overview
President Trump today signed into law H.R. 748, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), a $2 trillion relief measure. Title IV, the economic stabilization portion of the CARES Act, contains three sections which dramatically affect businesses in the consumer financial services space. These sections include a foreclosure moratorium on federally-related
Ohio Representative Proposes Bill To Stop Debt Collection During COVID-19 Emergency
Following Gov. Mike Dewine’s declaration of a state of emergency due to the coronavirus (“COVID-19”) pandemic, Ohio legislators have introduced numerous emergency measures to address the public health and economic crises facing the State. This includes a bill introduced on March 25 by Rep. Thomas West (D-Canton), which would require creditors and debt collectors to
Ninth Circuit Holds All Class Members in Rule 23 Class Must Have Standing at Final Judgment to Recover Monetary Damages and Affirms Multi-Million Dollar FCRA Jury Verdict
On February 27, 2020, the United States Court of Appeals for the Ninth Circuit issued its decision in Ramirez v. TransUnion LLC, a class-action case watched closely by consumer reporting agencies and other persons regulated by the Fair Credit Reporting Act (“FCRA”). In Ramirez, the Court held for the first time that all
District of Maryland Hits Plaintiff with Sanctions for Frivolous FDCPA Claim
In Alston v. Orion Portfolio Servs., LLC, the United States District Court for the District of Maryland ordered a pro se plaintiff to pay nearly $15,000 in legal fees incurred by the defendants in defending a frivolous claim asserted under the Fair Debt Collections Practices Act.
This case concerns and alleged debt of $1,391
District of New Jersey Finds That Calls Made with a Predictive Dialer Can Violate the TCPA
In Johnson v. Comodo Group, the United States District Court for the District of New Jersey denied the defendant’s motion for summary judgment on two key issues in a claim asserting violations of the Telephone Consumer Protection Act, finding that a predictive dialer qualifies as an automatic telephone dialing system under the statute and