Can the United States Government be liable for reporting inaccurate credit information on a consumer and then failing to investigate the consumer’s dispute? Many courts are divided as to whether the Fair Credit Reporting Act (“FCRA”) applies to the United States Government. In Jones v. United States Department of Agriculture, the District Court for
In addition to the hotly litigated mandatory disclosure of the “amount of the debt,” the Fair Debt Collection Practices Act also requires a seemingly straightforward statement of “the name of the creditor to whom the debt is owed” as set forth in 15 U.S.C. § 1692g(a)(2). However, even this requirement has given rise to a
As part of its systematic review of all current rules and guides, the Federal Trade Commission recently announced a revised regulatory review schedule for 2018. For 2018, the FTC intends to initiate reviews of, and solicit public comments on, the following topics:
The Seventh Circuit recently heard argument in Robertson v. Allied Solutions LLC after the U.S. District Court for the Southern District of Indiana dismissed a class action while the plaintiff’s motion for preliminary approval of class settlement was pending. Although the motion was pending, the district court dismissed the case against Allied Solutions in light
In Culberson v. Walt Disney Parks and Resorts, the Culbersons brought a class action lawsuit against Disney under the Fair Credit Reporting Act (“FCRA”). The suit alleges that Disney violated the FCRA by obtaining a background report without providing a proper disclosure and by taking adverse action without following a proper adverse action process.
A state court in Arizona returned a $1.85 million verdict against two related rental car companies, resolving a consumer fraud suit raised by the Arizona Attorney General’s Office. The A.G.’s Office originally filed suit against Phoenix Car Rental, Saban’s Rent-A-Car, and the companies’ owner, Dennis N. Saban, in 2014, alleging violation of the Arizona Consumer
On February 7, the Washington State House of Representatives approved a bill that would “ban the box” and prohibit requests about past criminal history in initial employment applications. According to The Spokesman-Review, the bill, dubbed the “Fair Chance Act,” passed on a mostly partisan vote after supporters said it was important to give people
On February 1, the city council of Kansas City, Missouri passed a “ban the box” ordinance which prohibits nearly all Kansas City employers from inquiring into an applicant’s criminal history until after the applicant has been interviewed. The ordinance – titled “Criminal Records in Employment” and effective June 9, 2018 – applies to those with
On February 12, 2018, the Consumer Financial Protection Bureau (“CFPB”) released its strategic plan for 2018 through 2022. The plan, which will take two years to implement, calls for placing new restrictions on the CFPB’s enforcement authority. “The proposed reforms would impose financial discipline, reduce wasteful spending, and ensure appropriate congressional oversight,” according to
A Roanoke City Circuit Court judge recently ordered a defendant to pay nearly $160,000 to two plaintiffs for violations of the Virginia Consumer Protection Act (“VCPA”) in a dispute over a wrecked car worth no more than $9,300.
In Hughes v. Robert Young Auto & Truck, Inc., No. CL16-1364, the plaintiffs, a married North