On December 15, 2014, the U.S. Supreme Court rejected the notion that class actions defendants should be forced to proffer affirmative evidence with their removal petition in order to remove their cases from state to federal court. In a 5-4 decision, the Court held in Dart Cherokee Basin Operating Co. LLC v. Owens that a
CFPB’s Report on College Credit Card Agreements Shows 70% Decline from 2009
On December 15, the Consumer Financial Protection Bureau published its annual report on joint credit card agreements between colleges and financial institutions. The report showed a nearly seventy percent (70%) decline in the number of agreements since Congress passed new disclosure requirements in 2009. In 2009, Congress passed the Credit Card Accountability, Responsibility, and Disclosure
Illinois Federal Court Dismisses Data Breach Lawsuit against P.F. Chang’s For Lack of Damages
On December 11, 2014, the U.S. District Court for the Northern District of Illinois dismissed a proposed class action over a June 2014 data breach at P.F. Chang’s China Bistro, finding that no actual harm had been alleged. The court tossed a pair of consolidated complaints claiming that the restaurant chain failed to properly safeguard
West Virginia Attorney General Files Suit Over Alleged Deceptive Credit Card Practices
On December 4, 2014, West Virginia Attorney General Patrick Morrisey filed suit in Ohio County Circuit Court against a local businessman and his Wheeling, West Virginia businesses, alleging that they violated the Consumer Credit and Protection Act, the Safe Mortgage Licensure Act; and the Mortgage Lender, Broker and Servicer Act. A copy of the complaint
New York Federal Court Denies Injunction Barring Credit Card Processing Fee Payments
On November 25, the United States District Court for the Eastern District of New York denied a plaintiff’s motion for a preliminary injunction barring U.S. Alliance Group (“USAG”) from paying “residual” credit card fee payments to one of its competitors, CardFlex. In 2008, CardFlex – an independent sales organization that processes credit card transactions –
Texas AG Resolves Enforcement Action Against Company Charging Monthly Fees for “Free” Credit Scores
On the heels of a $22 million settlement in an enforcement action brought by the Federal Trade Commission, Texas Attorney General Greg Abbott recently announced his office’s resolution of an enforcement action against the same group of Dallas-based technology firms that falsely claimed to offer individuals “free” credit scores. The firms named as defendants were:
Recent Settlement Shows That Consumer-Reporting and Debt-Collection Procedures are Top Priorities for CFPB
An $8 million settlement announced November 19, 2014, between the Consumer Financial Protection Bureau (CFPB) and the nation’s largest “buy here pay here” auto dealer represents yet another warning coming out of Washington, D.C. that:
1. Compliance with the requirements of the Fair Credit Reporting Act (FCRA) when businesses furnish credit information to consumer reporting
CFPB Issues New Proposed Rules for Prepaid Debit Cards
On November 13, the Consumer Financial Protection Bureau unveiled a comprehensive slate of consumer protections for prepaid debit cards that could increase the customer base for the financial product. The proposed rules (found here) are the most comprehensive set of federal standards for the fast-growing prepaid industry. Consumers are expected to load nearly $100
E.D.N.Y Rejects Third-Party Disclosure Claims and Follows Zortman Approach for FDCPA “Communications”
On November 13, the U.S. District Court for the Eastern District of New York ruled that a debt collector’s voicemail message did not violate the Fair Debt Collection Practices Act when it never mentioned that plaintiff owed a debt or conveyed any information about the debt, despite being overheard by the plaintiff’s son. In Zweigenhaft
NBPCA Issues Statement Regarding CFPB’s Proposed Rules for Prepaid Cards
On November 13, Doug Bower, President and Director of the Network Branded Prepaid Card Association (NBPCA), issued the following statement regarding the CFPB’s comprehensive slate of consumer-protection rules for prepaid debit cards:
We appreciate the CFPB’s earnest efforts to gather information, analyze data, and draft a proposed rule that acknowledges that prepaid cards are a