A California district court approved a settlement between Prime Marketing Holdings LLC and the Consumer Financial Protection Bureau, whereby Prime Marketing agreed to pay $150,000 and be banned from offering credit repair services. The settlement was a result of the CFPB’s September 2016 suit against Prime Marketing for allegedly misleading consumers and charging
11th Circuit Rules That Consent Under TCPA Can Be Partially Revoked
The Eleventh Circuit ruled in Schweitzer v. Comenity Bank that a consumer can verbally revoke consent to be called on her cell phone using an automatic telephone dialing system “in the morning and during the work day.” As a result, the district court improperly granted summary judgment to the bank because a jury could find
Join Us at the National Association of Professional Background Screeners Annual Conference
We are pleased to announce that Troutman Sanders partners David Anthony, Cindy Hanson, and Tim St. George will be featured speakers at the upcoming National Association of Professional Background Screeners (NAPBS) Annual Conference, to be held in Orlando, Florida on September 17-19, 2017.
On Tuesday, September 19, David, Cindy and Tim will speak on a
Federal Appellate Court Affirms Dismissal of Putative FCRA Class Action
On August 24, the United States Court of Appeals for the Eleventh Circuit affirmed the dismissal of a putative class action against TransUnion on the basis that it failed to allege a plausible claim for relief, holding that TransUnion was not objectively unreasonable in its reading of the Fair Credit Reporting Act.
The plaintiff, Kathleen
Federal District Court Grants Preliminary Approval of $3.2M TCPA Class Action Settlement
On August 10, Massachusetts District Court Judge Richard G. Stearns granted preliminary approval of a $3.2 million class settlement agreement in a Telephone Consumer Protection Act class action filed against Collecto, Inc. The four named plaintiffs allege that Collecto made unauthorized telephone calls to class members’ cellular phones using an automated telephone dialing system in
Indiana Becomes First State to Prohibit Ban-the-Box Ordinances
Countering a nationwide trend of “ban the box” ordinances that prohibit employers from asking about an individual’s criminal history at the initial application stage, Indiana has become the first state to ensure through legislation that employers can inquire into applicants’ criminal histories. The legislation prohibits localities from implementing “ban the box” ordinances. The measure has
Courier Service Settles Lawsuit Challenging Background Check Disclosure Form and Notices
The recent matter of Nesbitt, et al. v. Postmates Inc., Case No. CGC15547146 in the Superior Court of the State of California, County of San Francisco, demonstrates the continuing trend of litigation regarding the content of background disclosure forms, as well as ongoing issues regarding the failure of employers to provide notice of adverse
Seventh Circuit Holds That Debt Collector Cannot Avoid Liability Under FDCPA Despite Strict Compliance With Controlling Precedent
In a surprising decision involving a vigorous and scathing dissent, the Seventh Circuit ruled that a debt collector was liable under the Fair Debt Collection Practices Act even when it followed the law that was in effect at the time the alleged violation took place. This alarming ruling raises an
Illinois Federal Court Refuses to Certify TCPA Robocall Class Action Based in Part on Article III Standing
On August 15, the United States District Court for the Northern District of Illinois denied a motion for class certification in Legg v. PTZ Insurance Agency, Ltd., a putative class action under the Telephone Consumer Protection Act. The plaintiffs in the lawsuit, Christopher Legg and Page Lozano, sued PTZ and affiliated companies alleging violations
Spokeo Update: Ninth Circuit Holds that Plaintiff Adequately Alleged Article III Standing
On August 15, 2017, the Ninth Circuit issued its decision on remand in Spokeo, reversing and remanding the case to the District Court after finding that the named Plaintiff, Thomas Robins, has standing to pursue his claims.
Background
In Spokeo, Inc. v. Robins, Plaintiff Robins sued the “people search engine” for alleged violations