The Fair and Accurate Credit Transactions Act (“FACTA”) forbids sellers who accept credit cards from including more than the last five digits of a buyer’s credit card number on a purchase receipt. Yet including more than those five digits will not, by itself, make a seller liable under FACTA, according to a decision issued by
George Laiolo
UPDATE: California Assembly Adjourns Without Reconsidering Sweeping Mortgage Relief Bill
Yesterday, Troutman Sanders LLP’s Consumer Financial Services Law Monitor reported that AB-2501, a proposed bill allowing for homeowners to defer their mortgage payments for up to a year, failed to pass by a narrow margin. The bill’s author, Assembly Member Monique Limón (D-Santa Barbara), quickly moved for reconsideration. However, as the Assembly has now entered…
Sweeping Coronavirus Relief Bill Shot Down in the California Assembly – Unknown Chance of Revival
After numerous amendments, readings, and committee hearings, California Assembly Bill 2501 narrowly failed to pass in Sacramento on June 15, with a vote total of 28 Ayes, 25 Noes, and 26 abstentions. The bill would have offered major payment relief to homeowners and certain renters, as well as owners of mobile homes. It might see…
Prudential Regulators Provide New Banking Guidance Amid COVID-19
Certain government regulatory bodies have produced new guidance for financial institutions in light of the coronavirus (“COVID-19”) pandemic. The Federal Reserve Board, Federal Deposit Insurance Corporation, Office of the Comptroller of the Currency, Consumer Financial Protection Bureau, National Credit Union Administration, and the Conference of State Bank Supervisors (known as the “Prudential Regulators”) have encouraged…
Oakland’s Ban on Criminal Background Checks for Renters Threatens Screening Agencies
On February 4, the Oakland City Council in California forbade the use of criminal background checks in most housing applications. The stated purpose of the law, the Fair Chance Housing Ordinance, is to allow formerly incarcerated individuals an increased opportunity to compete for rental housing, reintegrate into their communities, and avoid homelessness.
The property…
Court Orders Mortgage Relief Scammers to Fork Over Millions of Dollars, Porsche, and Winter Bungalow
The United States District Court for the District of Nevada has sided with the Federal Trade Commission in a case against a set of “mortgage relief assistance” companies. The Court issued a sweeping permanent injunction that prohibits the scammers from marketing or providing any debt relief services whatsoever.
The suit stemmed from the actions of…
Midnight Filers, Swim at Your Own Risk: Tenth Circuit Upholds District Court’s Denial of a Motion for Leave to File an Untimely Notice of Appeal That Was Submitted Minutes After 12 a.m. Deadline
On December 12, the Tenth Circuit upheld a district court’s denial of a motion for leave to file an untimely appeal. The ruling offers poignant punctuality lessons to attorneys nationwide.
The case concerned plaintiff Emily Boscoe Chung’s allegations that defendant Timothy J. Lamb violated the Fair Debt Collection Practices Act. Three years into litigation, Chung’s…
Indiana Federal Court Finds Creditor Properly Identified in Letter and Dismisses FDCPA Lawsuit
Afni, Inc. won judgment on the pleadings on October 28 in a Fair Debt Collection Practices Act suit in the Southern District of Indiana. Plaintiff Karl Glass alleged that a collection letter sent to him by Afni failed to identify the current creditor to whom the debt was owed, in violation of Section 1692g(a)(2) of…
California Federal Court Schmears Job Applicant’s FCRA Claims into Arbitration and Stay
Trina Davis brought both individual and putative class claims against Einstein Noah Restaurant Group, Inc. (herein “Einstein”), the parent company of popular bagel chain Noah’s Bagels, and Caribou Coffee Company, Inc. She alleged the companies violated the Fair Credit Reporting Act and related California statutes, arguing the consumer report disclosure form she signed to complete…
It’s Hemp to Be Square: Payment Processing Company Welcomes CBD Vendors to Platform
Square, the credit card processing company, now allows sellers of cannabidiol (“CBD”) products to use its services. Merchants can apply to accept payments for CBD transactions through Square’s platform for both online and brick-and-mortar sales. The move offers streamlined payment processing for a rapidly growing industry mired in regulatory uncertainty.
CBD …