On February 27, Texas State Senator José Menéndez (D) introduced Senate Bill 1736, a piece of legislation aimed at regulating convenience fees associated with electronic payments for motor vehicles. SB 1736 would allow such fees to be imposed to offset electronic payment processing costs as long as certain restrictions are met and disclosures are made.
In a previous post, we discussed the oral arguments held on December 18, 2024, by the U.S. Court of Appeals for the Eleventh Circuit in the case of Insurance Marketing Coalition Limited (IMC) v. Federal Communications Commission (FCC). The case challenged the FCC’s December 2023 order under the Telephone Consumer Protection Act (TCPA), which aimed to reduce unwanted robocalls and texts by closing the “lead generator loophole” and requiring “one-to-one consent” for telemarketing communications. The new rule was set to take effect on January 27, 2025. However, during oral arguments, the Eleventh Circuit judges expressed skepticism about the FCC’s justification for its new rule.
Join host Dave Gettings and guest Elizabeth Holt Andrews in this episode of FCRA Focus as they delve into the complexities of arbitration in California, a frequent battleground for FCRA cases. Elizabeth, an appellate attorney from Troutman Pepper Locke’s San Francisco office, shares updates on a major arbitration case pending in the California Supreme Court, Hohenshelt v. Superior Court. They explore the implications of recently enacted California statutes governing arbitration, the potential national impact, and the challenges businesses face under these new rules. Tune in for an insightful conversation on the evolving arbitration landscape and what it means for consumer financial services companies. Don’t miss this engaging episode filled with in-depth analysis and practical insights.
In this episode of FCRA Focus, host Dave Gettings is joined by fellow partner Tim St. George to delve into the intersection of the Fair Housing Act (FHA), consumer reporting agencies, and The Fair Credit Reporting Act (FCRA). They explore the nuances of FHA claims, including disparate treatment and disparate impact, and discuss the implications for tenant screening and mortgage consumer reporting agencies. Tim shares insights from his extensive experience in federal trials and appeals involving FHA claims, offering valuable perspectives on compliance strategies and the evolving legal landscape. Tune in to understand how the FHA could affect your business practices and what steps you can take to mitigate potential liabilities.
On December 3, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a proposed rule for public comment aimed at amending Regulation V, which implements the Fair Credit Reporting Act (FCRA). The proposed rule seeks to redefine (and, in some cases, rewrite) key terms and provisions within the FCRA, particularly focusing on the activities of purported “data brokers.”
In this episode of FCRA Focus, hosts Kim Phan and Dave Gettings welcome Mark Furletti, co-leader of Troutman Pepper’s Consumer Financial Services Regulatory practice. Mark shares his extensive knowledge on the Fair Credit Reporting Act (FCRA) and provides practical advice on how companies, especially fintechs, can operate without becoming a consumer reporting agency (CRA) under the FCRA. The discussion delves into the intricate definitions within the FCRA, common pitfalls, and best practices. Tune in to learn how to navigate the regulatory landscape and mitigate risks associated with consumer report information. Don’t miss this insightful conversation packed with tips and real-world examples.
In this episode of FCRA Focus, host Dave Gettings and his colleague Courtney Hitchcock explore the complexities of the Fair Credit Billing Act (FCBA). With an increase in FCBA claims, including those from pro se litigants, it is essential for creditors to understand the procedural requirements and potential challenges. Courtney discusses the basics of the FCBA, common billing errors, and the steps creditors should take when faced with a claim. She also provides practical strategies for effectively handling FCBA disputes. Tune in for an informative discussion that will help you navigate FCBA claims with confidence.
In this insightful episode of FCRA Focus, host Dave Gettings and guest Jonathan DeMars, an associate in Troutman Pepper’s Consumer Financial Services Practice Group, delve into the recent Supreme Court decision in Department of Agriculture Rural Development Rural Housing Service v. Kirtz. This ruling examines the potential liability of the government under the Fair Credit Reporting Act (FCRA) and has implications through the legal community and beyond. Join us as we explore the intricacies of the case, the arguments that swayed the Supreme Court, and the likely effects on both government entities and private parties. This episode offers our insights into a case that defines the boundaries of sovereign immunity within the realm of credit reporting.
Last week, the Consumer Financial Protection Bureau (CFPB or Bureau) released the spring edition of its Supervisory Highlights report, providing a high-level overview of alleged unfair, deceptive, or abusive acts or practices identified by the agency during examinations from April 1, 2023 to December 31, 2023. According to the report, examiners have continued to find deficiencies in consumer reporting agencies’ (CRAs) compliance with the accuracy and identity theft requirements of the Fair Credit Reporting Act (FCRA) as well as deficiencies in furnishers’ compliance with the accuracy and dispute investigation requirements.
In this episode of FCRA Focus, join host Dave Gettings and fellow partner, Jason Manning, as they delve into Jason’s recent experiences trying a consumer case in front of a jury. Jason and Dave discuss the impact of integrating technology into trial presentation, the strategic use of demonstratives to maintain jury engagement, approaches to breaking the ice in the courtroom, and fostering a more attentive and responsive jury. Whether you’re a legal professional seeking to refine your trial tactics or simply intrigued by the dynamics of courtroom strategy, this episode offers a wealth of first-hand knowledge regarding jury trials in consumer cases.