Pursuant to a stipulated order with the Federal Trade Commission, Sprint will pay $2.95 million in civil penalties for alleged violations of the Fair Credit Reporting Act’s Risk-Based Pricing Rule. The Rule ensures that consumers who are offered less favorable service terms will receive notice of, among other things, any credit score used by the
Trump Hotels Hit With Data Breach Class Action Lawsuit
A new putative class action lawsuit has been filed against the hotel chain owned by Donald Trump in the United States District Court for the Southern District of Illinois, after the hotel chain revealed that it had been the subject of a data breach. The suit asserts claims under “state consumer protection laws” and “state
Pennsylvania Federal Court Recognizes Preliminary Decision Does Not Constitute Adverse Action Under FCRA
On October 1, a district judge in the Eastern District of Pennsylvania issued a decision involving disclosure and adverse action claims under the Fair Credit Reporting Act. In its decision, the Court granted summary judgment for the defendants, recognizing a preliminary decision does not constitute adverse action under the FCRA.
In her complaint, the plaintiff
Troutman Sanders Continues Expansion of Privacy Practice with Partner in San Francisco
SAN FRANCISCO, Ca. – Troutman Sanders LLP announced today that Hsiao (Mark) C. Mao has joined the firm as a partner in the San Francisco office. He is a member of the firm’s Cybersecurity, Information Governance and Privacy practice. He joins the firm from Kaufman Dolowich & Voluck, where he was a Co-Chair of the
Join Us for The Knowledge Group Webcast on November 16
We are pleased to announce that Troutman Sanders partners David N. Anthony and Ronald I. Raether, Jr. will present “The Impact of Fair Credit Reporting Act in the Regulatory Enforcement and Developments of Financial Services” during a live webcast on Monday, November 16 from 3-5 p.m. EST. The speakers will provide an overview of the
Federal “Ban the Box” Legislation Announced by Bipartisan Group
On September 10, a bipartisan group of lawmakers in both houses of Congress introduced the Fair Chance Act (S. 2021/H.R. 3470). The Fair Chance Act was introduced by Sen. Cory Booker (D-N.J.) and Rep. Elijah Cummings (D-Md.). Co-sponsors of the bill are Senators Ron Johnson (R-Wi.), Tammy Baldwin (D-Wi), Sherrod Brown (D-Ohio), and Joni Ernst
Inspector General Chimes In on CFPB Management Challenges
On September 30, the Office of the Inspector General released its report of the four major management challenges facing the Consumer Financial Protection Bureau, including ensuring an effective information security program, building and sustaining a high-performing and diverse workforce, strengthening controls over management operations, and maintaining physical infrastructure. Through the use of audit and evaluation
CFPB Plans to Pave the Way for Yet More Class Actions Against Financial Services Companies
According to remarks made by Consumer Financial Protection Bureau (“CFPB”) Director Richard Cordray on October 7, 2015 (and a subsequent press release), the CFPB is planning to issue regulations that would prohibit many financial services companies from requiring consumers to waive their right to bring a class action lawsuit via a pre-dispute arbitration agreement
Federal Court in Illinois Holds That Display of Debtor’s Account Number on Envelope Violates FDCPA
On September 30, Judge Joan B. Gottschall of the Northern District of Illinois issued a decision stating that the display of a debtor’s account number through an envelope window violated the Fair Debt Collection Practices Act.
In Adkins v. Financial Recovery Services, Inc., the plaintiff filed a class action suit in Illinois on behalf
The CFPB Cracks Down on Another Auto Lender for UDAAP
On October 1, 2015, the Consumer Financial Protection Bureau entered into a consent order with an indirect finance company, Westlake Services, LLC, and its auto title lending subsidiary, Wilshire Consumer Credit, LLC (collectively, “Respondents”). Westlake specializes in purchasing and servicing subprime and near-subprime auto loans. Wilshire extends auto title loans directly to consumers. Respondents agreed