The Fair Credit Reporting Act requires that employers provide prospective applicants with a disclosure before obtaining a pre-employment background check from a consumer reporting agency. This disclosure must be in a single document that consists “solely of the disclosure” that a consumer report may be obtained for employment purposes. In Burnthorne-Martinez v. Sephora USA, Inc.
$11 Million Judgment Entered Against Debt Collectors in FTC Action
The United States District Court for the Western District of New York recently granted the Federal Trade Commission’s motion for summary judgment and entered a final order against a group of debt collectors who pretended to be affiliated with the government, and ordered them to pay nearly $11 million.
In Federal Trade Commission v. Federal
FTC Issues Bulletin for Consumers Applying for Apartments and for Handling Background Check Process
On November 28, the Federal Trade Commission issued a bulletin for consumers relating to the process for applying for an apartment and the related background check process that can be undertaken by the potential landlord.
The FTC stated: “Landlords can check your credit, criminal history, and even your rental history. They may ask your permission
What’s In a Barcode?: District Court in Eleventh Circuit Adopts Benign Language Exception for Debtor’s Account Number
A district court in the Eleventh Circuit has joined the Fifth and Eighth circuits, along with a host of district courts throughout the country, in adopting the “benign language” exception to Section 1692f(8) of the Fair Debt Collection Practices Act, and has dismissed a claim based on a collection letter with a visible barcode containing
Text Messaging TCPA Class Action Against Workforce Staffing Company Results in $5 Million Settlement
In Joseph v. TrueBlue, Inc., the named plaintiff brought a Telephone Consumer Protection Act (TCPA) class action against the workforce staffing company for its alleged text messaging advertisements. TrueBlue recently agreed to a $5 million settlement to end the case.
According to the amended class action complaint, TrueBlue sent text message “Job Alert” advertisements
District Court Finds Receipt of Allegedly Improper Background Check Disclosure is Sufficient to Confer Standing Under Spokeo
In the wake of the Supreme Court’s decision in Spokeo, Inc. v. Robins, courts and litigants alike have been trying to determine the contours of constitutional standing when it comes to procedural violations of consumer protection statutes. This past week, the District Court for the Central District of California weighed in, finding in favor
Parties Seek Final Approval of $2.15 Million TCPA Class Action Settlement Against Marketing Services Company
On November 17, the named plaintiff in Toney v. Quality Resources, Inc., et al. asked an Illinois federal court for final approval of a Telephone Consumer Protection Act (TCPA) class action settlement agreement.
As background, in December 2012, Sarah Toney ordered three pairs of children’s slippers online from a website operated by Stompeez. The website
Casino Settles TCPA Class Action in Alabama Federal Court
The United States District Court for the Southern District of Alabama recently granted final approval of a class action settlement against Boyd Biloxi LLC, alleging that Biloxi sent telemarketing messages that violated the Telephone Consumer Protection Act.
The class action Complaint was originally filed on July 16, 2014. The named plaintiff alleged that Biloxi
$49.9 Million TCPA Class Action Settlement Granted Final Approval
On November 9, the United States District Court for the Northern District of Illinois granted final approval of a $49.9 million Telephone Consumer Protection Act class action settlement against US Coachways, Inc.
The original Complaint was filed against US Coachways on July 29, 2014, alleging that the motor coach leasing company sent out thousands of
$5.5 Million TCPA Class Action Settlement Against Debt Collector
A class of consumers in multidistrict litigation (MDL) recently filed their Motion for Final Approval of a Telephone Consumer Protection Act class action settlement against a debt collection company, Convergent Outsourcing Inc. (“Convergent”).
Between October 2012 and June 2013, the named plaintiffs initiated separate putative class actions throughout the country alleging that Convergent violated the