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Mary Kate Kamka is an Associate in Troutman Sanders’ Financial Services Practice Group.  She works in the San Francisco office. Her primary areas of focus are consumer and commercial financial services litigation specializing in both class action and individual cases. She represents financial services clients in both state-wide and national class actions brought under a variety of state and federal consumer protection statutes including the Fair Debt Collection Practices Act (both California and Federal), Real Estate Settlement Procedures Act, Truth-In-Lending Act, Telephone Consumer Protection Act, Fair Credit Reporting Act, and various state-specific consumer finance statutes including California’s Unfair Competition Law (Cal. Bus. & Prof. Code sections 17200 and 17500).

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

Recently, a district judge in California granted a defendant’s motion to dismiss in Koeut v. Navient Corp., ruling that the plaintiff failed to specifically allege facts to support an inference that Navient Corporation and Navient Solutions LLC violated the Fair Credit Reporting Act (FCRA) and the California Consumer Credit Reporting Agencies Act (CCRAA). The

In a case with significant implications for companies with California employees, as well as companies selling goods and services to consumers in California, the U.S. Supreme Court has agreed to hear an appeal of a California court ruling validating a major loophole in the general federal rule enforcing agreements to individual arbitration.

On December 15,

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,

Can consumers sue the federal government and its agencies for violating the Fair Credit Reporting Act? As we previously have observed, the answer varies by circuit and even by district, but the Supreme Court of the United States has just officially declined to wade into the debate—at least for now.

In

On Feb. 3, plaintiff Bernadette Barnes filed a class action lawsuit hoping to be the first case to rely on the new California Consumer Privacy Act (CCPA). The complaint was filed over a data breach that allegedly occurred before the CCPA’s Jan. 1, 2020, effective date.

Given this timing, this case will not test the

Square, the credit card processing company, now allows sellers of cannabidiol (CBD) products to use its services. Merchants can apply to accept payments for CBD transactions through Square’s platform for both online and brick-and-mortar sales. The move offers streamlined payment processing for a rapidly growing industry mired in regulatory uncertainty.

CBD

In a recent decision, the California Supreme Court held that plaintiffs do not need to demonstrate a plan for identifying and notifying class members in order to certify a class, as long as they can point to “objective characteristics and common transaction facts” that will allow the court to ascertain the class in the future. 

Plaintiffs Clint Millien and Felipe Kelly sued Madison Square Garden for its hiring practices relating to applicants’ failure to disclose previous criminal activity when applying for food preparation positions. The plaintiffs claim that Madison Square Garden imposed too strict of requirements for criminal disclosures that had a disparate impact on minority applicants. The parties agreed

The United States Supreme Court ruled yesterday that arbitration agreements must explicitly authorize class arbitration in order for the process to be invoked by one of the parties. The decision overturns a Ninth Circuit ruling that permitted an employee’s arbitration to move forward on a class basis.

Background

In Varela v. Lamps Plus, Inc.,