On July 10, the Federal Communications Commission issued an omnibus order laying out its interpretation of numerous provisions of the Telephone Consumer Protection Act. The reach and expanse of this Order promises to change the landscape of TCPA litigation for years to come. As a general matter, the FCC took a broad view of the
Debt Collection Complaints to CFPB Decrease in August
Complaints to the Consumer Financial Protection Bureau filed against debt collectors declined ten percent from July to August 2015, according to the latest debt collection litigation and complaint statistics report from WebRecon. There were 3,432 complaints in August – down from 3,812 in July. 834 different debt collectors were implicated by the complaints. According
Avoid Becoming the Next Target of a Class Action Taking Aim at Employers’ Background Screening Forms
Last week, a Florida district court approved a class action settlement between Whole Foods Market Group Inc. and an employee class related to Whole Foods’ inclusion of a waiver and liability release in its Fair Credit Reporting Act (FCRA) disclosure form. This settlement, as well as other recent lawsuits and decisions, are reminders to employers
Court of Appeals Revives Breach of Contract Claim Based on Alleged Violation of HUD Regulations
In Covarrubias v. CitiMortgage, Inc ., the plaintiff brought a lawsuit against CitiMortgage, claiming it improperly foreclosed on her home by failing to comply with U.S. Department of Housing and Urban Development regulations incorporated into her deed of trust. Specifically, she claimed CitiMortgage failed to conduct, or make a reasonable effort to conduct, a
Whole Foods Becomes Most Recent Retailer to Settle FCRA Background Check Lawsuit
On September 15, the United States District Court for the Middle District of Florida preliminarily approved a Fair Credit Reporting Act background check class action settlement in Speer v. Whole Foods Market Group, Inc. We previously wrote about this lawsuit on the Consumer Financial Services Law Monitor blog here. The settlement adds Whole Foods
Better Business Bureau Data Show Sharp Decline in Debt Collection Complaints
The Better Business Bureau recently released data from 2014 regarding the number of complaints received pertaining to registered debt collection agencies. The statistics show a sharp decrease in the number of complaints lodged against debt collection agencies. This number is contrary to data released by the Consumer Financial Protection Bureau, which show an increase in
FTC Closes Investigation Against Health Care Provider, Offers Further Statements Regarding Background Screening Policies
The Federal Trade Commission has closed an investigation into potential violations of the Fair Credit Reporting Act by a California-based health care company. However, despite its decision to not recommend enforcement action, the Commission rejected the notion that the company’s use of background screening reports — or the use of reports to investigate job applicants
Snapshot Reveals Numbers and Trends of Consumer Credit Reporting Complaints to CFPB
On August 25, the Consumer Financial Protection Bureau released its monthly consumer complaint snapshot, which included a focus on complaints regarding credit reporting. According to the snapshot, the CFPB has handled 105,000 credit reporting complaints, making them the third most popular type of complaint received by the CFPB. The CFPB received nearly 7,000 credit
Leading Trade Group Launching Broad-Ranging Attack on FCC’s Expansive Interpretation of the TCPA
On July 10, the Federal Communications Commission enacted major changes and clarifications to the Telephone Consumer Protection Act of 1991 (“TCPA”). Approved on a contentious 3-2 vote by the FCC commissioners, the FCC released its Declaratory Ruling and Order (FCC 15-72) (“the FCC’s Order”) formally stating its interpretation of numerous provisions of the
Spokeo-Based Stays Gaining Steam in Consumer Litigation
On April 27, 2015, the United States Supreme Court granted certiorari in Spokeo Inc. v. Robins to address the issue of whether Congress may confer Article III standing on a plaintiff who suffers no concrete harm by simply authorizing a private right of action based on the violation of a federal statute alone. Although the