The Eastern District of New York recently decided a motion to dismiss, denying Defendant’s motion as to Plaintiff’s claims under the FCRA and dismissing Plaintiff’s claims under the FDCPA. A copy of the Court’s opinion can be found here. This case involved claims concerning a disputed tradeline on Plaintiff’s credit report. The Court found
Bad internet reviews are the bane of business owners everywhere. Consumers flock to social media to air their grievances with companies, typically without fear of meaningful reprisal. This practice often leaves many corporate entities wondering what to do to deter this type of consumer sharing. When faced with this question – after reading less than
Any company that uses telephony systems for outreach to consumers got important and potentially good news on January 27, 2020, when the Eleventh Circuit released its much-anticipated opinion in Glasser v. Hilton Grand Vacations Company, LLC, No. 18-14499. The court held that a phone system must use randomly or sequentially generated numbers to qualify
On January 24, the Consumer Financial Protection Bureau issued a policy statement that limits the “abusive acts and practices” standard created by the 2010 Dodd-Frank Act. While the policy statement does not define what constitutes an “abusive” act or practice, and in fact leaves many important questions unanswered, it plainly limits the scope of the
On January 23, the United States Court of Appeals for the Sixth Circuit affirmed the dismissal of the class action complaint filed by plaintiff Muhammad M. Butt against FD Holdings, LLC d/b/a Factual Data in the case styled, Butt v. FD Holdings, LLC, d/b/a Factual Data. A copy of the Court’s opinion can be
We are pleased to announce that Troutman Sanders’ attorney David Anthony will be presenting during the American Bar Association’s 2020 Corporate Counsel CLE Seminar at the Park Hyatt Aviara Resort in Carlsbad, California. For over 30 years in-house and outside counsel have come together to learn, network and share expertise about the unique challenges they
On January 9, 2020, the United States Court of Appeals for the Eleventh Circuit issued its decision in Williams v. First Advantage Lns Screening Solutions, a case watched closely by the background screening industry. In Williams, the Court affirmed a $250,000 compensatory damages award and reduced a $3.3 million punitive damages award to
On January 3, 2020, in Buchholz v. Meyer Njus Tanick, P.A., No. 18-2261 (6th Cir. 2020), the Sixth Circuit Court of Appeals upheld the district court’s decision dismissing a complaint alleging violations of the Fair Debt Collection Practices Act on the grounds that the plaintiff lacked Article III standing. The Court found the
We are pleased to announce that Troutman Sanders’ attorneys David Anthony and Ethan Ostroff will be presenting during the RMAI Annual Conference at the Aria Resort & Casino in Las Vegas, Nevada. The RMAI Conference is the premier event for the receivables management industry. Debt buyers, originating creditors, collection agencies, law firms, brokers and affiliates
The United States Supreme Court has agreed to consider a challenge to the constitutionality of the Telephone Consumer Protection Act (TCPA). On Friday, January 10, 2020, the Supreme Court issued orders from the justices’ conference, which included an order for oral argument in Barr v. American Association of Political Consultants – a case involving a