On January 22, a district court in Wisconsin dismissed a debt collection action, with prejudice, on the basis that the inclusion of the current monthly payment in the “amount due now” was “not false, misleading, or confusing.” A copy of the Court’s decision can be found here.
Plaintiff Barbara Mollberg filed a complaint
2018 was a busy year in the consumer financial services world. As we navigate the continuing heavy volume of regulatory change and forthcoming developments from the Trump administration, Troutman Sanders is uniquely positioned to help its clients successfully resolve problems and stay ahead of the compliance curve.
In this report, we share developments on
In December, Judge Robert D. Mariani denied Navient’s motion to dismiss a lawsuit filed by the Commonwealth of Pennsylvania, ruling that the suit is not pre-empted by a similar case filed against the company by the Consumer Financial Protection Bureau. In the suit, the Commonwealth seeks to hold Navient liable for student loan collection activity
A United States district court in Illinois recently granted a non-resident defendant’s motion to strike the class definition in a putative nationwide TCPA class action, pursuant to Bristol-Myers Squibb, broadly holding that due process “bars nationwide class actions in fora where the defendant is not subject to general jurisdiction.” The case is Mussat v.
Alarm.com has agreed to pay $28 million to settle a TCPA class action, which involves allegations that it sent unlawful telemarketing communications to more than 1.2 million consumers. The parties filed a motion for preliminary approval of the class settlement, which is set for hearing on November 27. The case, pending in the Northern
According to a recent decision from the California Court of Appeal, mortgage lenders and servicers can, at least under certain circumstances, be “debt collectors” under the California Rosenthal Fair Debt Collection Practices Act, frequently referred to as the “Rosenthal Act.”.
In the case, plaintiff Edward Davidson filed a putative class action suing his mortgage servicer,
On October 14, 2017, California became the most recent state to adopt a “ban-the-box” law. The law, signed by Governor Jerry Brown, goes into effect on January 1, 2018, prohibiting pre-offer inquiries regarding applicants’ conviction histories, and regulating employers’ decisions to deny employment to an applicant based on his or her convictions. This law is
Federal courts continue to interpret and analyze the Supreme Court’s decision in Spokeo, Inc. v. Robins. Recently, a federal judge in New York permitted a lawsuit against Hearst Communications, Inc., to move forward after considering supplemental briefing on Article III standing.
Plaintiffs Suzanne Boelter and Josephine Edwards subscribe to magazines published by Hearst. Plaintiffs
The United States Court of Appeals for the Fourth Circuit recently affirmed a district court order, holding that a company’s allegedly improper disclosure of personal information was covered by its general liability policy even though no third parties accessed the data.
In the underlying action, plaintiffs alleged that medical records company Portal Healthcare negligently failed
“Does your mobile app collect, create, or share consumer information? Does it diagnose or treat a disease or health condition?” If so, then the FTC’s new online tool may assist you in understanding what federal laws or regulations might apply to your app.
The Mobile Health Apps Interactive Tool recently went online and offers developers