On March 1, the Supreme Court of California held oral arguments in Pulliam v. HNL Automotive, Inc., No. S267576 (2021). The appeal may decide (at least under California state law) whether the Federal Trade Commission’s (FTC) “Holder Rule” permits a consumer to recover amounts beyond what he or she has paid to the holder,
Thursday, March 3 • 4:00 – 5:00 p.m. ET
FCRA litigation continues to increase. 2021 was a busy year, and 2022 seems poised for a further increase in litigation and regulatory actions. Please join us for a complimentary webinar to discuss the significant FCRA cases from 2021 and what is on the horizon for 2022.
On February 10, the Ninth Circuit affirmed a Central District of California decision, finding that a consumer reporting agency (CRA) did not violate the Fair Credit Reporting Act (FCRA) when it reported a criminal record with a charge date that antedated the report by more than seven years. The case is Moran v. Screening Pros
On January 24, the U.S. District Court for the Eastern District of California took the unusual step of declining to sign off — for the fourth time — on a proposed settlement, resulting from a putative class-action lawsuit against Five Guys Enterprises LLC and its parent Encore FGBF LLC. The lawsuit alleges the popular burger
2021 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and stay ahead of the curve.
In this report, we share developments on auto finance, background screening, bankruptcy, consumer class actions, consumer
On January 20, the Federal Trade Commission (FTC) issued an advisory opinion on the impact of the Trade Regulation Rule Concerning Preservation of Consumers’ Claims and Defenses (Holder Rule) on the recovery of attorneys’ fees and costs above the amount paid on a consumer receivable arising out of a financed sale of goods or services.
After the District Court for the District of Oregon dismissed a Fair Credit Reporting Act (FCRA) suit filed against Fred Meyer, Inc., the Ninth Circuit Court of Appeals partially reversed, holding Fred Meyer had failed to comply with FCRA’s “standalone” requirement by providing, in good faith, an extraneous explanation of the applicant’s rights
On August 11, the Federal Financial Institutions Examination Council (FFIEC) issued guidance, titled “Authentication and Access to Financial Institution Services and Systems,” which provides financial institutions with examples of effective authentication and access risk management principles and practices for customers (both business and consumer), employees, and third parties accessing digital banking services and
Section 230 of the Communications Decency Act (CDA) provides federal immunity to website platforms from claims based on third-party content hosted on the website. 47 U.S.C. § 230(c)(1). Specifically, the statute provides that the provider of an “interactive computer service” cannot be treated as the publisher or speaker of information provided by “another information content
Thursday, July 1 • 3:00 – 4:00 p.m. ET
On June 25, 2021, the Supreme Court decided TransUnion LLC v. Ramirez, holding in a 5-4 decision that the vast majority of class members lacked a “concrete” injury and, thus, they did not have standing to assert their Fair Credit Reporting Act claims in federal