In Just v. Target Corporation, the plaintiff alleged that Target willfully violated the Fair Credit Reporting Act by providing him with a background check disclosure form that did not consist “solely of the disclosure” that a background check would be obtained. In a victory for employers, the court dismissed the plaintiff’s allegations at the
Seventh Circuit Rules Debt Collectors Do Not Violate FDCPA By Dismissing Lawsuits Prior to Trial
On May 19, the Seventh Circuit Court of Appeals ruled that debt collectors who filed collection lawsuits and then dismissed them prior to trial did not violate the Fair Debt Collection Practices Act.
Section 1692e(5) of the FDCPA prohibits debt collectors from using a false, deceptive, or misleading representation to threaten to take an action
Supreme Court Rejects Claim That Collection Letters on Attorney General’s Letterhead Sent By Private Debt Collection Attorneys Misled Borrowers
On May 16, 2016, a unanimous U.S. Supreme Court ruled that private attorneys hired by states to collect back taxes and other debts did not mislead investors by sending collection letters to borrowers using the state Attorney General’s letterhead. The Court found that the attorneys were acting as agents of the Attorney General and, therefore,
U.S. Supreme Court Remands Spokeo in Ruling that Mere Technical, Statutory Violation Is Insufficient to Confer Article III Standing
On May 16, 2016, the Supreme Court of the United States issued its much-anticipated decision in Spokeo, Inc. v. Robins. Spokeo considered whether Congress may confer Article III standing by authorizing a private right of action based on the violation of a federal statute alone, despite a plaintiff having suffered no “real world” harm.
FTC Releases New Guidelines for Background Screeners’ Compliance with the FCRA
On May 10, 2016, the Federal Trade Commission (FTC) released new guidelines for employment background screening companies for compliance with certain consumer reporting agency requirements of the Fair Credit Reporting Act (FCRA). The FTC’s guidelines are yet another indication that FCRA compliance is a top federal regulatory priority
I. General Application of the FCRA
The
Join Us at the 2016 ACA International Convention & Expo in Denver June 16-18
We are pleased to announce that Troutman Sanders partner David Anthony will be a featured speaker at the 2016 ACA International Convention & Expo in Denver at the Hyatt Regency on June 16-18.
David will speak on a panel entitled “Industry Response to Current Trends in Fair Debt Collection Practices Act Enforcement.” He will
FCC Releases Notice of Proposed TCPA Rulemaking
On May 6, the Federal Communications Commission released a notice of proposed rulemaking to implement a provision of President Obama’s Bipartisan Budget Act of 2015, which creates an exception from the Telephone Consumer Protection Act’s (TCPA) consent requirement for robocalls “made solely to collect a debt owed to or guaranteed by the United States.”
The
Fifth Circuit Dismisses FCRA and FDCPA Claims Due to Commercial Nature of Underlying Transaction
On March 29, in Hall v. Phenix Investigations, Inc., No. 15-10533, 2016 U.S. App. LEXIS 5786 (5th Cir. Tex. Mar. 29, 2016), the United States Court of Appeals for the Fifth Circuit affirmed dismissal of an action alleging claims under the Fair Credit Reporting Act (“FCRA”) and Fair Debt Collection Practices Act (“FDCPA”). The
District Court Dismisses FCRA Claims as Time-Barred
On April 26, in Verkuilen v. Business Info. Group, Inc., No. 14-cv-400, 2016 U.S. Dist. LEXIS 55392 (E.D. Wis. Apr. 26, 2016), the United States District Court for the Eastern District of Wisconsin granted Defendant’s motion for partial summary judgment as to Plaintiff’s FCRA claims on the basis that they were time-barred. The FCRA
CFPB Takes Action Against Debt Collection Law Firm and Related Debt Buyer
On April 25, the Consumer Financial Protection Bureau entered into consent orders with the debt collection law firm Pressler & Pressler, LLC, two principal partners, and New Century Financial Services, Inc., a debt buyer, for the defendants’ alleged violations of the Fair Debt Collection Practices Act. The consent orders require Pressler and the