In March, the Supreme Court, in a 6-2 decision, held in Tyson Foods, Inc. v. Bouaphekeo that the district court did not err in certifying and maintaining a class of employees who alleged violations of the Fair Labor Standards Act, notwithstanding the employees’ reliance on “representative evidence” to determine the number of additional hours
Maryland Legislature Passes Bill Preventing Revival or Extension of Statute of Limitations for Debt Collection Based on Consumer Complaint
In April, the Maryland General Assembly approved legislation on consumer debt collection that addresses how statutes of limitation may be calculated against consumers.
Senate Bill 771, which addresses certain “debt buyers” and “debt collectors,” provides that “certain actions may not revive or extend a certain statute of limitations prohibiting a debt buyer or a certain
District Court Denies Motion for Class Certification Under FCRA
In Jones v. Sterling Infosystems, 1:14cv3076 (S.D.N.Y. 2016), the district court recently denied class certification against a background screening company that was alleged to have violated 15 U.S.C. § 1681k(a) by not sending out the notice envisioned under § 1681k(a)(1) at the time that criminal record information was transmitted to employers.
The court denied
Join Us for “Class Actions 101: The Rules, Certification, Settlement, and the Court”
We are pleased to announce that Troutman Sanders partner David Anthony will be a featured speaker at the Richmond Bar Association CLE presentation titled “Class Actions 101: The Rules, Certification, Settlement, and the Court” on Tuesday, May 24 from 4:00 to 6:00 p.m.
The speakers will cover the important “nuts and bolts” of the
Court Rejects Plaintiff’s FCRA Claims on Summary Judgment
In Ritchie v. Northern Leasing Systems, Plaintiff alleged twelve “myriad causes of action” ranging from civil RICO claims to federal fair credit statutes arising from Plaintiff’s lease of certain business equipment from Defendants. Plaintiff Patricia Ritchie applied for credit card processing services and a credit card machine for her business through a company called
New York City Issues Guidance Suggesting Background Screening Company Liability for Failure to Ensure Compliance With “Ban the Box” Requirements
The New York City Human Rights Law (the “NYCHRL”) prohibits discrimination in employment, public accommodations, and housing. It also prohibits discriminatory harassment and bias-based profiling by law enforcement. The NYCHRL, pursuant to the 2005 Civil Rights Restoration Act, must be construed “independently from similar or identical provisions of New York state or federal statutes” such
Summary Judgment Granted Against Debt Collector in FTC Action
On April 7, the United States District Court for the Eastern District of Texas granted the government’s motion for summary judgment against a Texas-based third party debt collector, Commercial Recovery Systems, Inc. (“CRS”) and its president, Timothy Ford.
As previously reported, the Department of Justice, on behalf of the Federal Trade Commission, filed a
Continuing Impact of Campbell Ewald v. Gomez: Does Payment of Plaintiff’s Claim End Lawsuits?
In Leyse v. LifeTime Entertainment Services LLC, the district court for the Southern District of New York recently granted a defendant’s motion to enter judgment on behalf of the plaintiff upon tender to the Clerk of Court of all offered monetary damages and costs.
Plaintiff Mark Leyse brought a putative class action suit against
Florida Federal Court Weighs In on TCPA and FDCPA Case
On April 6, the United States District Court for the Middle District of Florida issued a ruling on cross-motions for summary judgment in a case involving both Telephone Consumer Protection Act (“TCPA”) claims and Fair Debt Collection Practices Act (“FDCPA”) claims.
In McCaskill v. Navient Solutions, Inc., Defendant Navient Solutions, Inc., a student loan
Second Circuit Says Debt Collectors Must Disclose Potential Interest and Fees
On March 22, the United States Court of Appeals for the Second Circuit vacated a district court’s dismissal of a Fair Debt Collection Practices Act (“FDCPA”) complaint, finding instead that the plaintiffs had adequately stated a claim for relief under Section 1692e of the FDCPA.
In Avila v. Riexinger & Associates, LLC, Plaintiffs both