In a case of first impression, the United States District Court for the Western District of Michigan held that direct-to-voicemail messages qualify as a “call” under the Telephone Consumer Protection Act. The Court’s opinion thus subjects another modern technology to the requirements of express consent and other strictures of the TCPA.
Defendant debt collector Dyck-O’Neal,
The Southern District of West Virginia recently held that the reporting of an account being paid through a Chapter 13 bankruptcy plan as having an outstanding balance or past due payments does not violate the Fair Credit Reporting Act.
Plaintiffs Angela and Robert Barry alleged that Farm Bureau Bank FSB continued to report their account
We are pleased to announce that Troutman Sanders attorney David Anthony will be presenting during the Consumer Data Industry Association Inaugural Law Symposium at the One CityCenter in Washington, D.C. CDIA wants to focus heavily on trending topics in credit reporting, including state regulatory initiative, key litigation developments, investigation and enforcement activities, and cybersecurity. David
On July 13, 2018, in Dutta v. State Farm Mutual Automobile Insurance Company, the Ninth Circuit affirmed the district court’s decision granting summary judgment to State Farm in a putative Fair Credit Reporting Act class action. The decision presents another helpful application of the U.S. Supreme Court’s 2016 Spokeo decision. The Dutta decision highlights
On June 21, 2018, the U.S. District Court for the District of Oregon dismissed a putative class action complaint alleging that a potential employer violated the disclosure and pre-adverse action notification requirements of the Fair Credit Reporting Act in Walker v. Fred Meyer Inc.[1] The Walker decision highlights several key lessons associated with FCRA class
On July 17, the Missouri Court of Appeals affirmed a ruling of the Cole County Circuit Court dismissing a putative class action under the Fair Credit Reporting Act against multinational staffing company, Kelly Services, Inc.
A three-judge panel of the Missouri Court of Appeals issued a one-page order and eleven-page memorandum opinion upholding the lower
A recent Virginia Supreme Court decision, The Game Place, L.L.C. v. Fredericksburg 35, LLC, 813 S.E.2d 312 (Va. 2018), highlights the long-standing statutory requirement for using a deed of lease, affixing a corporate seal, or utilizing acceptable seal substitutes in long-term leases. In Game Place, the Supreme Court of Virginia ruled that a
On July 5, the U.S. District Court for the Northern District of Illinois granted summary judgment in favor of the Federal Trade Commission against Credit Bureau Service, LLC f/k/a/ MyScore LLC (“CBS LLC”) and its owner, Michael Brown, on charges that they deceived consumers with fake rental property ads and deceptive promises of “free” credit
On June 21, the United States District Court in Oregon dismissed a plaintiff’s class action complaint alleging his potential employer violated the disclosure and pre-adverse action notification requirements of the Fair Credit Reporting Act (“FCRA”).
Plaintiff Daniel Walker applied for employment with defendant Fred Meyer, Inc. As part of the application process, Fred Meyer provided
On June 6, the Consumer Advisory Board’s twenty-two members were informed that they would no longer serve on the CAB and could not reapply for their former positions.
Through June 5, the Consumer Financial Protection Bureau had four advisory bodies: the Academic Research Council, the Community Bank Advisory Council, the Credit Union Advisory Council, and