Last Friday, the U.S. House of Representatives passed a bill that would heighten the standards for obtaining class certification by requiring extra scrutiny as to the continuity of the damages claimed by the class representative and the putative class members. Lawmakers voted 211-188 to pass H.R. 1927, the Fairness in Class Action Litigation and
FTC Continues Crackdown on Illegal Debt Collection Activities
On January 7, the Federal Trade Commission announced four new enforcement actions targeting debt collectors and continuing the FTC’s nationwide crackdown of illegal debt collection tactics. The cases are part of Operation Collection Protection, a coordinated federal-state enforcement initiative targeting deceptive and abusive debt collection practices. Over the past year, 130 actions have been brought
Court Declines to Dismiss FCRA Claim Based on Presence of State Law Notices in Background Check Disclosure
In Lagos v. The Leland Stanford Junior University, the plaintiff alleged the defendant’s background check disclosure violated the Fair Credit Reporting Act because it included notices regarding background checks required under state law. The court declined to dismiss the Plaintiff’s claim at the pleading stage, finding the existence of these state law notices could
Ohio “Bans the Box” in Public Sector Employment Contexts
Last week, Ohio Governor John Kasich signed into law a bill that will bar public employers from including on job applications questions concerning an applicant’s criminal background for public sector jobs.
Earlier this month, the Ohio Senate voted overwhelmingly, on a 32-1 vote, to “ban the box” for public sector jobs. In late September, the
Dish Network Moves to Stay FCRA Class Case Pending Spokeo Ruling
Dish Network recently moved to stay a Fair Credit Reporting Act case against it in the Southern District of New York, arguing that the Supreme Court’s ruling in Spokeo Inc. v. Robins could control the outcome of the case. Dish Network requested that the district court stay the class action brought by installation contractors who
EZCORP Agrees to Pay Over $10 Million to Settle Claims of Illegal Debt Collection Practices
On December 16, the Consumer Financial Protection Bureau released a consent order with EZCORP, Inc., ordering the small-dollar lender and its wholly-owned subsidiaries to refund $7.5 million to 93,000 consumers and pay $3 million in penalties for illegal debt collection practices.
EZCORP, a financial services company headquartered in Austin, Texas, provides high-cost, short-term, unsecured loans,
New Supreme Court Arbitration Decision Foreshadows Confrontation With CFPB
The Supreme Court’s latest arbitration decision is but the latest in a long line of decisions enforcing the strong federal policy enforcing arbitration clauses in consumer contracts. In DirecTV v. Imburgia, a 6-3 decision, Justice Breyer held that the Federal Arbitration Act preempts state laws, in this instance California’s, that invalidate arbitration clauses if
CFPB Issues $6.4 Million Fine to Credit Furnishers
The Consumer Financial Protection Bureau has taken action against CarHop, one of the country’s biggest “buy-here, pay-here” auto dealers, and its affiliated financing company, Universal Acceptance Corporation, for providing “damaging, inaccurate consumer information to credit reporting companies.” The CFPB found that CarHop and Universal Acceptance Corporation violated the Fair Credit Reporting Act and the Consumer
Consumer Health Care Products Company and Staffing Agency Hit with FCRA Disclosure Class Action
A multinational consumer health care products company and its staffing agency are the latest companies to be hit with a putative class action accusing them of violating the Fair Credit Reporting Act. Plaintiff T. Jason Noye alleges that the company and staffing agency violated the FCRA by rescinding his job offer based on a criminal
Please Join Us at DBA International’s Annual Conference – Moving Forward Together
On February 9-11, 2016, DBA International will host its annual conference – Moving Forward Together – at the Aria Resort & Casino in Las Vegas.
We are pleased to announce that two of our Consumer Financial Services lawyers will serve as faculty at this year’s event.
David Anthony will present “The Devil is in the