On Tuesday, March 31, 2015, Governor Tomblin signed into law Senate Bill No. 542 amending several sections of the West Virginia Consumer Credit Protection Act (WVCCPA). The bill will be effective on June 12, 2015, however, certain provisions of the bill become applicable only to actions filed after September 1, 2015. The amendments will have
FTC Settles With Two Debt Sellers Requiring Them to Strengthen Security Protocols
After alleging in two separate cases that two debt portfolio brokers – Cornerstone and Co. LLC and Bayview Solutions LLC – were exposing too much personal information about consumer-debtors, the Federal Trade Commission announced that the parties have reached final settlements.
Specifically, in the cases of Federal Trade Commission v. Cornerstone and Company, LLC, et
Yonkers Enacts New Debt Collection Requirements
The city of Yonkers, New York, enacted General Ordinance No. 16-2014 to amend its Consumer Protection Code (“Code”) by adding new requirements for debt buyers and collection agencies. The revised Code includes the following sections: definitions, license requirements, required collection practices, prohibited collection practices, and penalties for non-compliance. The new Code requirements became effective on
Food Lion Parent Settles $3 Million Background Check Class Action
On March 2, a class of job applicants requested that the U.S. District Court for the Middle District of North Carolina approve a nearly $3 million settlement they had reached with Delhaize America LLC, Food Lion LLC’s parent company. The applicants had sued Delhaize – which owns Food Lion, Hannaford, and Bottom Dollar – for
Class Action FCRA Lawsuit Challenging Whole Foods’ Employment Background Screening Disclosure Form Survives Motion to Dismiss
On March 30, a Florida federal judge refused to dismiss a proposed class action accusing Whole Foods Market Group, Inc. of violating the Fair Credit Reporting Act with its employee background check notification methods, ruling the suit alleged Whole Foods’ liability release was included in a disclosure document. As we previously reported in December, Whole
District Court Grants Motion to Dismiss FCRA Challenge to Defendant’s Background Screening Disclosure Form
A federal district court in the Northern District of California recently dismissed a lawsuit filed against Paramount Pictures Corporation challenging its alleged failure to provide job applicants with a background check disclosure form that “consisted solely of the disclosure,” as required by the Fair Credit Reporting Act (“FCRA”). Specifically, in addition to making the disclosure
The United States Supreme Court Hears Oral Arguments on Availability of “Strip Off” Remedies for Chapter 7 Debtors
On March 24, in a case that has captured the attention of commercial lenders, the United States Supreme Court heard oral arguments on the issue of whether a Chapter 7 debtor can “strip off” junior liens on residences that are already underwater.
Most courts agree that debtors filing under Chapter 13 of the Bankruptcy Code
The Office of the Solicitor General Urges the Supreme Court to Reject Spokeo Appeal Challenging “Statutory Damages” Standing Under Article III
Last week, the Office of the Solicitor General urged the U.S. Supreme Court via amicus brief to deny Spokeo Inc.’s appeal of a Ninth Circuit decision that revived a Virginia man’s proposed class action accusing the “people search engine” of publishing false information about him.
The Solicitor General said Spokeo’s petition for a writ of
Eleventh Circuit Adds to Split of Authority Regarding Whether Unaccepted Rule 68 Offer of Judgment Moots Putative Class Claims
On December 2, 2014, in Stein v. Buccaneers Ltd. P’ship, No. 13-15417, — F.3d –, 2014 WL 6734819 (11th Cir. 2014), the United States Court of Appeals for the Eleventh Circuit reversed a district court order dismissing a putative class action as moot, holding that: (1) an unaccepted Rule 68 offer of judgment does not
West Virginia Legislature Passes Amendments to WVCCPA
On Saturday, March 14, 2015, the West Virginia House passed Substitute Bill No. 542 amending several sections of the West Virginia Consumer Credit Protection Act (WVCCPA). The West Virginia Senate had previously passed the Substitute Bill on March 4, 2015. The bill is now awaiting signature from the governor. If signed into law, the amendments