On November 7, the United States District Court for the Southern District of California granted final approval of the class settlement in Stemple v. QC Holdings, Inc., No. 3:12-cv-01997 (S.D. Cal.). The plaintiff in the case alleged that QC Holdings, a check-cashing and short-term loan company, negligently and willfully violated the Telephone Consumer
TransUnion Bid to Decertify FCRA Classes Denied
Last week, a district court in the Northern District of California denied TransUnion LLC’s motion to decertify a Fair Credit Reporting Act class action that was certified prior to the Supreme Court’s 2016 Spokeo ruling. The class action case accused TransUnion of including inaccurate information on its consumer reports as well as failing to comply
Join Us on November 10 for a Discussion on Spokeo
Join Troutman Sanders partners David N. Anthony and Ronald I. Raether, Jr. for a complimentary webinar discussion on November 10 at 12:00 noon EST on the Spokeo Inc. v. Robins case which was decided by the United States Supreme Court on May 16, 2016. Troutman Sanders has been following this case throughout its lifecycle and
TD Bank USA Escapes State Law Credit Reporting Class Action
On October 24, the Middle District of Pennsylvania dismissed a putative class action against TD Bank USA, holding that the plaintiff’s state law claims were preempted by the Fair Credit Reporting Act. The case is Prukala v. TD Bank United States, 2016 U.S. Dist. LEXIS 146614 (M.D. Pa. October 24, 2016).
Plaintiff Michael Prukala
TCPA Case Survives Spokeo Motion to Dismiss
On October 19, the United States District Court for the District of New Mexico denied defendants’ motion to dismiss a TCPA putative class action on Spokeo grounds.
In LaVigne v. First Community Bancshares, Inc., et al., the plaintiff contends that the defendants called her on her cell phone approximately 195 to 265 times using
Judge Grants Summary Judgment for Bank of America in Putative FCRA Disclosure and Authorization Class Action
On October 13, Judge Christina A. Snyder of the United States District Court for the Central District of California granted summary judgment in favor of Bank of America and other defendants in a putative Fair Credit Reporting Act class action. In Robert Berrellez v. Pontoon Solutions, Inc. et al., No. 2:15-cv-01898, the plaintiff alleged
Motion for Class Certification Filed Against Costco in FCRA Lawsuit
On October 12, the named plaintiff in a Fair Credit Reporting Act class action asked the Northern District of Illinois to certify her putative class against Costco Wholesale Corporation.
According to the Complaint, the plaintiff used her credit card to make a purchase at one of Costco’s stores in January 2016. By the time she
$5.2 Million Settlement Approved in TCPA Class Action
On October 12, a Pennsylvania federal court granted final approval of a $5.2 million Telephone Consumer Protection Act class action against Power Home Remodeling Group LLC.
Power Home is a home remodeling company that, according to the class action complaint, uses aggressive telemarketing and door-to-door solicitations to recruit new customers. Plaintiff alleged that Power Home
Eastern District of New York Rules That Fee May Be Collected with Principal Balance, Requesting Prompt Contact is Permissible
In Igor Vayngurt v. Southwest Credit Systems, L.P., the Eastern District of New York ruled that a debt collector did not violate the Fair Debt Collection Practices Act by attempting to obtain payment of a collection fee at the same time as the principal balance of the debt and requesting prompt contact in the
D.C. Circuit Rules CFPB “For Cause” Removal of the Director Unconstitutional, but Declines to Shut it Down
Until October 10, none of the constitutional or scope of enforcement authority challenges to the Consumer Financial Protection Bureau’s (“CFPB” or Bureau”) power have been successful. That changed on October 11 when the U.S. Court of Appeals for the District of Columbia held the Director of the Bureau has too much unilateral, unchecked power and