The Supreme Court of the United States announced on Monday, April 13, that it would hear oral argument by telephone in a number of key cases remaining in the Court’s October 2019 Term. Among these cases is Barr v. American Association of Political Consultants, which was originally scheduled to be heard on April 22.
On April 7, 2020, the Second Circuit added more uncertainty to the Telephone Consumer Protection Act (“TCPA”) with its decision on the meaning of an automatic telephone dialing system (“ATDS”) in Duran v. La Boom Disco, Inc. Breaking from recent Seventh and Eleventh Circuit decisions, which followed the statutory language in requiring random and
After a flood of calls to its office, on April 3, the Office of the Attorney General for the Commonwealth of Massachusetts issued Guidance in Response to Some Frequently Asked Questions (“Guidance”) related to its prior emergency order regarding debt collection, codified at 940 CMR 35.00. The Guidance answers several questions,
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
On April 1, the Consumer Financial Protection Bureau issued “a non-binding general” policy statement regarding the Fair Credit Reporting Act (“FCRA”) and Regulation V in light of the recently enacted Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). The policy statement primarily emphasizes the need for furnishers to follow the requirements of the CARES
In response to the global coronavirus (“COVID-19”) pandemic, the Consumer Financial Protection Bureau announced that it has postponed certain data collections from the financial services industry related to CFPB rules. This extension of flexibility to the financial services industry is intended to facilitate companies focusing their resources on consumers during this time.
CFPB Director Kathleen
Another Circuit Court of Appeals has weighed in on the constitutionality of the Consumer Financial Protection Bureau’s structure, on the very day that the Supreme Court of the United States heard argument on the same question. In CFPB v. All American Check Cashing, Inc., et al, a divided panel of the Fifth Circuit held
On February 26, the Consumer Financial Protection Bureau added ten FAQs concerning lender credits to its TILA-RESPA Integrated Disclosures (“TRID”) FAQs resource.
The new lender credit FAQs appear to be consistent with the industry’s current practices for managing and disclosing lender credits. They address topics such as:
On February 24, Judge Dale Kimball of the United States District Court for the District of Utah granted in part and denied in part a defendant debt collector’s motion for judgment on the pleadings. Plaintiffs Karl Buhler and Reginald Benoit, two Utah residents, filed a lawsuit against BCG Equities (BCG), claiming that it violated
In Meier v. Allied Interstate, LLC, Judge Gonzalo P. Curial found that while LiveVox HCI could store numbers as required by the Telephone Consumer Protection Act, because each call required human intervention, it did not qualify as an automatic telephone dialing system within the definition of the TCPA.
Plaintiff Richard Meier brought an action