In McKinney-Drobnis v. Oreshack, the Ninth Circuit Court of Appeals reversed the district court’s determination that vouchers awarded to class members were not “coupons” under the Class Action Fairness Act (CAFA), and it admonished the district court’s failure to apply heightened scrutiny to a pre-certification class settlement. No. 20-15539, 2021 U.S. App. LEXIS 31524
Troutman Pepper David Anthony has been elected to the Governing Committee of the Conference on Consumer Finance Law (CCFL). Please visit CCFL’s website for more details.
The Consumer Bankers Association (CBA), a trade group of retail financial institutions, recently sent a letter to the Consumer Financial Protection Bureau (CFPB) director, requesting increased supervision of financial technology companies (fintechs). On October 3, just three days after Rohit Chopra was confirmed as the next CFPB director, the CBA urged him to consider expanding
In Mowrer v. United States Department of Transportation, the U.S. Court of Appeals for the District of Columbia held that government immunity is waived under the FCRA, but also found that the Federal Motor Carrier Safety Administration (FMCSA) does not act as a consumer reporting agency (CRA) in distributing safety records of commercial truck
In Robinson v. Nat’l Student Clearinghouse, — F.4th — (1st Cir. 2021), a First Circuit panel unanimously affirmed the district court’s Final Approval Order, approving the class settlement in an action brought under the Fair Credit Reporting Act (FCRA). Plaintiff James Robinson filed the class action lawsuit against National Student Clearinghouse (NSC), alleging NSC
After the District Court for the District of Oregon dismissed a Fair Credit Reporting Act (FCRA) suit filed against Fred Meyer, Inc., the Ninth Circuit Court of Appeals partially reversed, holding Fred Meyer had failed to comply with FCRA’s “standalone” requirement by providing, in good faith, an extraneous explanation of the applicant’s rights
On September 21, the U.S. Senate voted 49-48 along party lines on a procedural motion to advance the nomination of current Federal Trade Commission (FTC) Commissioner Rohit Chopra to become the director of the Consumer Financial Protection Bureau (CFPB). Commissioner Chopra’s nomination had been in limbo since March, when the Senate Banking Committee failed to
On August 16, the Consumer Financial Protection Bureau (CFPB) filed a proposed settlement to resolve a lawsuit against a debt collection firm, Fair Collections & Outsourcing (FCO), and its owner, Michael Sobota, stemming from FCO’s alleged failure to implement proper policies and procedures, in addition to related Fair Credit Reporting Act (FCRA) and Fair Debt
On August 31, the New York Department of Financial Services (DFS) issued an industry letter to all supervised mortgage lending institutions and their affiliates on preventing sexual orientation discrimination in mortgage lending. New York’s Fair Lending Law prohibits discrimination in, among other things, the granting, withholding, extending, or renewing, or in the fixing of the
On October 30, 2020, the Consumer Financial Protection Bureau (CFPB or the Bureau) released its long-awaited final debt collection rule — also known as Regulation F. The Bureau supplemented the rule on December 18, 2020 and both parts were adopted pursuant to the Bureau’s authority under the Fair Debt Collection Practices Act (FDCPA).
On April