DISH Network, LLC and DISH Network Service, LLC have agreed to pay $1.75 million to settle class action claims that they violated certain provisions of the Fair Credit Reporting Act related to ordering consumer reports for employment purposes. The December 4, 2012 complaint alleged that DISH required companies contracted to install DISH products to obtain
Georgia Debt Collectors Banned from Debt Collection Business
In August, the United States District Court for the Northern District of Georgia entered the Federal Trade Commission’s stipulated order banning a group of debt collectors from the debt collection business and collectively fining them $4.4 million.
The FTC filed a Complaint in November 2015 against defendants National Client Services LLC, Omar Smith, and Ernest
New York Debt Collectors Banned from Debt Collection Business
In August, the United States District Court for the Western District of New York entered the Federal Trade Commission’s stipulated order banning a group of debt collectors from engaging in collection activities and imposing $27 million in fines.
In May 2015, the FTC filed a Complaint against defendants Unified Global Group LLC; ARM WNY, LLC;
U.S. District Court Rules Letter with Internal Reference Number Does Not Violate Fair Debt Collection Practices Act
A federal judge in the Eastern District of New York ruled that a debt collection company’s internal reference number, which may have been visible through a glassine envelope, did not violate the Fair Debt Collection Practices Act (“FDCPA”).
In the case, the Plaintiff, Wendy Torres Rodriguez, brought an FDCPA claim against Defendant I.C. Systems, Inc.,
Florida Federal Court Denies Motion to Dismiss FACTA Class Action Under Spokeo
On August 29, a Florida federal court rejected a motion to dismiss filed by Doctor’s Associates, Inc., doing business as Subway, which relied on the U.S. Supreme Court’s recent decision in Spokeo v. Robins in a Fair and Accurate Credit Transactions Act (“FACTA”) putative class action. Plaintiff Shane Flaum claimed that Subway violated FACTA by
Recent CFPB Supervisory Highlights Address FCRA Compliance Issues
The Consumer Financial Protection Bureau has continued to address FCRA-related compliance issues in its most recent Supervisory Highlights publications from March and June 2016. The Supervisory Highlights once again reiterate the importance of FCRA compliance for a broad spectrum of FCRA-regulated entities, including mortgage originators, furnishers of consumer information, and nationwide specialty consumer reporting agencies
TCPA Case Dismissed on Spokeo Reasoning
The District Court for the Southern District of California recently granted a motion to dismiss in a Telephone Consumer Protection Act case based on the Supreme Court’s decision in Spokeo, finding that the plaintiff failed to put forth evidence proving an injury-in-fact.
In Romero v. Department Stores National Bank, the defendant creditors allegedly
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 Ron Raether will be featured speakers at the upcoming National Association of Professional Background Screeners (NAPBS) Annual Conference, to be held in Palm Desert, California on September 18-20.
On Monday, September 19, David and Ron will speak on a
Fourth Circuit Rejects FDCPA Liability For Filing Proofs of Claim On Time-Barred Debt
On August 25, 2016, the Fourth Circuit held in In re Eric Dubois, Case No. 15-1945, that filing a proof of claim based on a time-bared debt in a Chapter 13 bankruptcy does not violate the Fair Debt Collection Protection Act (FDCPA) when the applicable state statute of limitations does not extinguish the debt.
Northern District of Illinois Holds Third-Party Disclosure Required for FCRA Claim Under § 1681e(b)
Earlier this month, a federal court in the Northern District of Illinois granted a motion to dismiss a claim under 15 U.S.C. § 1681e(b), finding that a credit score purchased by the plaintiff was not a consumer report under the Fair Credit Reporting Act because it was not disclosed to any third