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Dave is a partner of the firm who focuses on defending clients in consumer class actions and complex commercial litigation nationwide, particularly cases involving a variety of federal and state laws and regulations, including the Fair Credit Reporting Act (FCRA), the Telephone Consumer Protection Act (TCPA) and associated FCC regulations, the Fair Debt Collection Practices Act, the Truth in Lending Act, the Electronic Fund Transfer Act, and many similar state consumer protection statutes.

On November 20, the CFPB once again released its latest rulemaking agenda update.  The previous update, issued last May, extended debt collection rulemaking pre-rule activities from April 2015 until December 2015.  This latest update extends debt collection pre-rule activities scheduled through February 2016. 

In extending the pre-rulemaking period, the CFPB stated as follows: 

The

The Federal Trade Commission has announced the topics of the two panels at its upcoming Debt Collection Dialogue in Atlanta.  Sam Olens of the Office of the Georgia Attorney General will co-host the event.  Earlier Dialogues were held in Buffalo and Dallas.  This is the third and final scheduled Dialogue. 

The first panel in Atlanta,

On October 2, President Obama announced a new executive order that prevents federal agencies from making job-applicants reveal they have a criminal record as part of his overall criminal justice reform effort.  This “ban the box” initiative would prevent federal agencies from asking about an applicant’s criminal history at the initial application stage.   

“It is

On October 29, 2015, the Consumer Financial Protection Bureau (“CFPB”) announced the settlement of an enforcement action against two affiliated consumer reporting agencies under the Fair Credit Reporting Act (“FCRA”) based on these companies’ employment background screening practices.  The consent order requires these background screeners to pay a total of $13 million in penalties and

On October 22, Consumer Financial Protection Bureau Director Richard Cordray delivered prepared remarks to the Consumer Advisory Board.  At the meeting, Cordray discussed arbitration and issues relating to non-English or limited Englishspeaking consumers.   

The issue of arbitration, however, was at the forefront of the discussion.  As we previously reported, the CFPB intends

Effective October 27, under the New York City Fair Chance Act, employers can inquire about a potential employee’s criminal record only after a conditional offer of employment is made.  The Act further requires that employers provide a written copy of the inquiry, the employer’s analysis, and any supporting documentation to applicants once such a

On September 8, the United States Solicitor General requested leave from the U.S. Supreme Court to participate in oral argument in Spokeo, Inc. v. Robins, as amicus curiae.  The Supreme Court granted the United States’ request and will now allow the U.S. to chime in on a threshold constitutional standing issue at oral argument. 

A new putative class action lawsuit has been filed against the hotel chain owned by Donald Trump in the United States District Court for the Southern District of Illinois, after the hotel chain revealed that it had been the subject of a data breach.  The suit asserts claims under “state consumer protection laws” and “state

On October 1, a district judge in the Eastern District of Pennsylvania issued a decision involving disclosure and adverse action claims under the Fair Credit Reporting Act.  In its decision, the Court granted summary judgment for the defendants, recognizing a preliminary decision does not constitute adverse action under the FCRA. 

In her complaint, the plaintiff

On September 10, a bipartisan group of lawmakers in both houses of Congress introduced the Fair Chance Act (S. 2021/H.R. 3470).  The Fair Chance Act was introduced by Sen. Cory Booker (D-N.J.) and Rep. Elijah Cummings (D-Md.).  Co-sponsors of the bill are Senators Ron Johnson (R-Wi.), Tammy Baldwin (D-Wi), Sherrod Brown (D-Ohio), and Joni Ernst