On October 23, Judge Katherine Polk Failla of the Southern District of New York held that a fifty-character internal tracking number visible through the glassine window of the plaintiff’s collection letter envelope fell within the benign language exception and did not violate the Fair Debt Collection Practices Act.
Dish Network Fights Class Certification After Background Check Company Settles Claims
After a settlement involving claims against Sterling Infosystems, Inc. received final approval, Dish Network, LLC (Dish) continued to fight class certification against satellite television installers who have accused Dish of violating the Fair Credit Reporting Act (FCRA) regarding its use of background checks.
One of the claims asserted against Dish is that it did not
CFPB Leaves Charge for Consumer File Disclosure Unchanged at $12
Section 612 of the Fair Credit Reporting Act (“FCRA”) provides consumers with the opportunity for a free disclosure of their file, with certain exceptions, during any 12-month period. For file disclosures for which the FCRA allows consumer reporting agencies to charge, the statute sets the price of these disclosures at $8, subject to a yearly
The CFPB Issues Warning and Guidance on Obtaining Consumer Authorization for Preauthorized Electronic Funds Transfers that Confirms a Recording of a Consumer’s Oral Authorization Can Satisfy Regulation E’s Requirements
On November 24, 2015, the Consumer Financial Protection Bureau (CFPB) issued a Compliance Bulletin (2015-06), warning companies that they must ensure that consumer authorization is obtained before automatically debiting a consumer’s account and that required notifications to consumers must clearly describe the terms of the preauthorized electronic funds transfers (EFTs).
Importantly, for the first
CFPB Once Again Extends Debt Collection Pre-Ruling Making Activity
On November 20, the CFPB once again released its latest rulemaking agenda update. The previous update, issued last May, extended debt collection rulemaking pre-rule activities from April 2015 until December 2015. This latest update extends debt collection pre-rule activities scheduled through February 2016.
In extending the pre-rulemaking period, the CFPB stated as follows:
The
ALJ Delivers Blow to FTC’s Authority to Bring Data Breach Actions Under Unfairness Prong
On November 13, 2015, an administrative law judge dismissed the Federal Trade Commission’s action against LabMD, ruling the FTC failed to show that the laboratory’s alleged conduct caused or would cause harm to consumers. The decision represents a significant blow to the FTC and its ability to bring actions under the unfairness prong of Article
FTC Announces Panel Topics for Upcoming Debt Collection Dialogue
The Federal Trade Commission has announced the topics of the two panels at its upcoming Debt Collection Dialogue in Atlanta. Sam Olens of the Office of the Georgia Attorney General will co-host the event. Earlier Dialogues were held in Buffalo and Dallas. This is the third and final scheduled Dialogue.
The first panel in Atlanta,
FCC and FTC Continue Coordinated Efforts Through Memorandum of Understanding
On November 16, the Federal Communications Commission and the Federal Trade Commission released a memorandum of understanding designed to formalize their plans to coordinate consumer protection efforts.
The FCC is charged with regulating all interstate and international communications by radio, television, wire, satellite, and cable, while the FTC is primarily responsible for preventing unfair or
Background Check Company’s $4.75 Million Class Action Settlement Obtains Final Approval in SDNY
On November 13, a New York federal judge granted final approval to a $4.75 million settlement between background check company Sterling Infosystems, Inc. and a class of Dish Network, LLC satellite television installers.
The installers brought claims against Sterling for violations of the Fair Credit Reporting Act (“FCRA”) including that Sterling provided outdated information to
Third Circuit Mulls Over Definition of “Meaningful Attorney Involvement”
On November 10, a New Jersey debt collection law firm pressed the Third Circuit to reverse the district court’s ruling that a four-second review of a debt collection complaint does not constitute “meaningful attorney involvement.”
As we previously reported, in Bock v. Pressler & Pressler, LLP, the United States District Court for the