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 American Family Mutual Insurance Company v. Vein Centers for Excellence, Inc. et al., the Court of Appeals for the Eighth Circuit upheld the Eastern District of Missouri’s ruling granting summary judgment in favor of American Family, finding that the insurer did not have to defend and indemnify its client Vein Centers,
The Court of Appeals for the Seventh Circuit recently upheld the dismissal of a lawsuit against a debt collector for allegedly violating the Fair Debt Collection Practices Act by sending a collection letter containing an incorrect reference to the location of the debt validation disclosures required by the FDCPA. The case is O’Boyle v. Real
U.S. District Judge Brian R. Martinotti recently granted in part and denied in part a motion to dismiss a Telephone Consumer Protection Act class action lawsuit based on unsolicited text messages sent through an automated dialing system. The ruling illustrates the nuanced approach taken by some courts in analyzing whether individual text messages can form
In A-1 Premium Acceptance, Inc. v. Hunter, the Missouri Supreme Court upheld the circuit court’s order denying counterclaim defendant A-1’s motion to compel arbitration because the plain language of the consumer arbitration agreement limited the arbitrator to the National Arbitration Forum (NAF). After the parties executed the arbitration agreement, NAF entered into a consent
On October 23, the U.S. District Court for the Eastern District of Washington denied a defendant debt collector’s motion to dismiss a class action claim brought under the Fair Debt Collection Practices Act based on the debt collector’s alleged failure to report a debt as disputed in violation of FDCPA § 1692e(8). The Court in
In Daniel v. Goodyear Tire/CBSD, 2018 U.S. App LEXIS 29345, the Sixth Circuit on October 17 affirmed the dismissal of a claim for violating the Fair Credit Reporting Act by accessing a credit report without a permissible purpose. The Court of Appeals held the claimant had failed to plead sufficient factual allegations demonstrating a
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 Wednesday, April 19 from 12-1 p.m. ET, Troutman Sanders attorneys Mary Zinsner and Jon Hubbard will present a survey of consumer protection decisions from across the country interpreting and applying the Supreme Court’s ruling in Spokeo, Inc. v. Robins. The decisions from the federal circuits are conflicting and some “no-injury” class action proceedings
We are pleased to announce that Jon S. Hubbard will be a featured speaker at the Sixth Annual Bank & Non-Bank Forum on Mortgage Servicing Compliance, offered by the American Conference Institute in Washington, D.C., on November 30 and December 1.
Jon will speak on a panel entitled “Taking a Mortgage Servicing Case to Trial,”