According to a recent report from WebRecon, filings of Fair Credit Reporting Act cases have continued to increase in 2018. FCRA claims led consumer litigation filings in February, while Fair Debt Collection Practices Act (“FDCPA”) and Telephone Consumer Protection Act (“TCPA”) cases declined during the same month. The overall statistics for consumer litigation in February
In a recent ruling, the Seventh Circuit Court of Appeals held that plaintiffs stated a viable claim under the Fair Debt Collection Practices Act by alleging that a collection letter which included the safe harbor language set forth in Miller v. McCalla, Raymer, Padrick, Cobb, Nichols, & Clark, LLC, 214 F.3d 872 (7th Cir.
On April 3, both the City and County of San Francisco amended the Fair Chance Ordinance (“FCO”) – their existing ban-the-box law – to align it with the new, corollary California law (AB 1008) that took effect on January 1, 2018. San Francisco’s new amendments take effect on October 1, 2018.
The amendments to the
We previously reported on the Seventh Circuit Court of Appeals’ decision in Oliva v. Blatt, Hasenmiller, Leibsker & Moore, LLC, 864 F.3d 492 (7th Cir. 2017). In Oliva, the sharply-divided Seventh Circuit held that the debt collector was liable under the Fair Debt Collection Practices Act even though the collector followed a longstanding
We are pleased to announce that Troutman Sanders attorneys David Anthony, Cindy Hanson and Ronald Raether will be panelists for a NAPBS webinar titled, “Updates, a Case Study & Legal Developments in Background Screening.”
The webinar will discuss recent case studies and case law developments that are currently affecting the background screening industry. The webinar
We are pleased to announce that Troutman Sanders partners David Anthony, Cindy Hanson, Ron Raether, and Tim St. George will be featured panelists at the National Association of Professional Background Screeners (“NAPBS”) 2018 Mid-Year Legislative & Regulatory Conference to be held April 15-17, 2018 in Arlington, Virginia.
David, Cindy and Tim will
The United States Court of Appeals for the Seventh Circuit recently affirmed a lower court decision finding that a debt collector’s verification and investigation of a consumer’s disputes through its review of records obtained from the creditor was both satisfactory under the Fair Debt Collection Practices Act and reasonable under the Fair Credit Reporting Act.
Under the Fair Credit Reporting Act, when a potential employer is considering using a background check to deny an applicant employment, the employer must follow a prescribed adverse action process. For qualifying transportation employers, this means the employer must provide the applicant with a notice of adverse action within three days of the final adverse
On March 21, the House Financial Services Committee voted 35-25 to approve a bill that would amend the Fair Debt Collection Practices Act to exclude lawyers and law firms from the definition of a “debt collector” when such entities are engaged in “activities related to legal proceedings.” Introduced by Rep. Alex Mooney (R-W.Va.) in February,
On March 29, 2018, the United States Court of Appeals for the Second Circuit rendered a long-awaited opinion in what is commonly called a “reverse-Avila” or “current account balance” case, holding that it is not a violation of the Fair Debt Collection Practices Act (“FDCPA”) for a debt collector to state a consumer’s