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Mary Kate Kamka

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Chris Willis, co-chair of the CFS Regulatory Practice, Announces the Publication of the 2022 CFS Year in Review and a Look Ahead

Troutman Pepper’s Consumer Financial Services Practice Group consists of more than 120 attorneys and professionals nationwide, who bring extensive experience in litigation, regulatory enforcement, and compliance. Our trial attorneys have litigated thousands of individual and class-action lawsuits involving cutting-edge issues across the country, and our regulatory and compliance attorneys have handled numerous 50-state investigations and nationwide compliance analyses.

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. Our team has prepared this organized and thorough analysis of the most important issues and trends throughout our industry. We not only examined what happened in 2022, but also what to expect — and how to prepare — for the months ahead.

A recent opinion issued by the U.S. District Court for the Northern District of California granted an employer’s motion for summary judgment, rejecting a series of technical arguments advanced by the plaintiff that the employer’s background check authorization forms violated the Fair Credit Reporting Act (FCRA).

In Keefer v. Ryder Integrated Logistics, Inc. (Ryder Integrated),…

On December 28, 2022, the New York Department of Financial Services released its debt collection rule amendments to 23 NYCRR 1, the regulation titled “Debt Collection by Third-Party Debt Collectors and Debt Buyers.” The initial proposed amendments were opened to public comment in late 2021. The rule amendments will take effect 180 days after the…

On September 6, the U.S. Chamber of Commerce (the Chamber) submitted an amici curiae brief in support of Walmart in Federal Trade Commission v. Walmart Inc., No. 1:22-cv-3372 (N.D. Ill). The amici curiae arises out of the Federal Trade Commission’s (FTC) suit against Walmart, alleging that the retail company failed to properly secure money…

Please join Consumer Financial Services Partner Chris Willis and his guests and colleagues Dave Gettings and Mary Kate Kamka as they discuss recent trends in class-action consumer finance litigation, including:

  • The long-term impact of Spokeo and Ramirez;
  • Key considerations in discovery;
  • When it’s appropriate to move to strike class allegations; and
  • How to structure a class settlement.

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 …