U.S. Senator Sherrod Brown (D-OH), chairman of the U.S. Senate Committee on Banking, Housing, and Urban Affairs, has introduced the Arbitration Fairness for Consumers Act. The legislation, introduced on March 7, proposes to amend Title X of the Consumer Financial Protection Act of 2010 to prohibit pre-dispute arbitration agreements and class-action waivers in contracts
A North Carolina federal magistrate judge recently denied a furnisher’s motion for judgment on the pleadings in a case that involved reporting of historical credit information on a consumer’s closed account. In Newman v. American Honda Finance Corp., No. 1:21CV3, 2022 U.S. Dist. LEXIS 38993 (M.D.N.C. March 4, 2022), the plaintiff, Tracy Newman, filed
The Eastern District of Pennsylvania is the most recent federal district court to adopt Hunstein v. Preferred Collection and Mgmt. Svcs., Inc., 17 F.4th 1016 (11th Cir. 2021) by holding that the transmission of information to a vendor was a “communication” to a “person,” satisfying the “in connection with the collection of any debt”
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
Mary Zinsner, a partner in Troutman Pepper’s Washington, D.C. office who handles high stakes litigation matters for banks in state and federal courts nationwide, has been accepted into the American Arbitration Association’s Roster of Arbitrators. AAA arbitrators are viewed as leaders in the practice of alternative dispute resolution (ADR).
Zinsner has handled every type
Reprinted from the fall 2021 issue of the VBA Journal with permission of The Virginia Bar Association and authors Mary C. Zinsner and Susan Flint.
Most lawyers get a glazed look when recalling law school study of commercial transactions and the Uniform Commercial Code (UCC). The surge in cases involving wire fraud is causing lawyers
In Rodenburg LLP v. The Cincinnati Insurance Company, No. 20-2521 (8th Cir. August 25, 2021), the Eighth Circuit upheld a district court’s grant of summary judgment in favor of an insurance company that was sued by a law firm, finding that the insurance company was not obligated to defend a Fair Debt Collection Practices
The Central District of California recently dismissed a data breach class action for lack of standing, notwithstanding evidence that the stolen data of 40 million consumers had allegedly been offered for sale on the dark web. The court determined that the data breach could not possibly have caused a risk of identity theft, fraud, and
2020 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 compliance curve.
In this report, we share developments in 2020 on consumer class actions, background screening, bankruptcy,