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James K. Trefil is counsel in Troutman Pepper’s Consumer Financial Services practice, with a primary focus on Financial Services Litigation. His practice includes the representation of clients in federal and state court, both at the trial and appellate level, with a focus on areas of complex litigation, financial services litigation and consumer litigation. James has represented clients within these areas in a wide variety of litigation matters involving class actions, contracts, torts, and federal and state consumer protection laws.

Federal Communications Commission Chairman Tom Wheeler said Thursday that he’ll step down from his post on Jan. 20, 2017. Wheeler was appointed by President Obama three years ago to lead the FCC. Prior to his October 2013 confirmation as the 31st chairman of the FCC, Wheeler served as managing director at venture capital firm

A district court in the Seventh Circuit has denied a motion to dismiss filed by a collection attorney acting on behalf of a debt collector client, holding that the plaintiff in the case could pursue her claim based on the attorney’s failure to provide his own § 1692g validation notice in an initial communication, even

On October 24, the Middle District of Pennsylvania dismissed a putative class action against TD Bank USA, holding that the plaintiff’s state law claims were preempted by the Fair Credit Reporting Act.  The case is Prukala v. TD Bank United States, 2016 U.S. Dist. LEXIS 146614 (M.D. Pa. October 24, 2016). 

Plaintiff Michael Prukala

The nation’s largest credit union, Navy Federal Credit Union, has been ordered to pay $28.5 million for alleged violations of the Consumer Financial Protection Act of 2010. 

Navy Federal Credit Union limits its membership to military personnel and their immediate family members.  According to the Consumer Financial Protection Bureau, during January 2013 and July 2015,

The United States District Court for the Eastern District of New York has dismissed a debtor’s claim that a collection letter stating “Non-interest Charges & Fees: $0.00” was misleading under the Fair Debt Collection Practices Act because an unsophisticated consumer could mistakenly believe that non-interest charges and fees might be added in the future.  The

On September 13, the U.S. House of Representatives Financial Services Committee passed an amended version of the Financial CHOICE Act, which will result in significant changes to the Consumer Financial Protection Bureau if it becomes law.  The amended CHOICE Act would reform the CFPB’s structure and limit its regulatory authority, while also repealing several sections

In August, the United States District Court for the Northern District of Georgia entered the Federal Trade Commission’s stipulated order banning a group of debt collectors from the debt collection business and collectively fining them $4.4 million.

The FTC filed a Complaint in November 2015 against defendants National Client Services LLC, Omar Smith, and Ernest

In August, the United States District Court for the Western District of New York entered the Federal Trade Commission’s stipulated order banning a group of debt collectors from engaging in collection activities and imposing $27 million in fines.

In May 2015, the FTC filed a Complaint against defendants Unified Global Group LLC; ARM WNY, LLC;

A federal judge in the Eastern District of New York ruled that a debt collection company’s internal reference number, which may have been visible through a glassine envelope, did not violate the Fair Debt Collection Practices Act (“FDCPA”).

In the case, the Plaintiff, Wendy Torres Rodriguez, brought an FDCPA claim against Defendant I.C. Systems, Inc.,

On August 19, 2016, the Federal Trade Commission and the New York Attorney General filed a summary judgment motion against Buffalo, New York area debt collectors who allegedly harassed and threatened consumers into paying millions on debts allegedly owed by the consumers.

The FTC and New York State Attorney General filed a joint Complaint in