On January 7, online retailer Zappos.com Inc. reached a long-awaited settlement with nine states over a 2012 data breach that compromised personal and financial information of nearly 24 million of the company’s customers. Pennsylvania Attorney General Kathleen Kane said in a published statement that a hacker was able to access sensitive data pertaining to millions
Ninth Circuit Clarifies “Personal Stake” Necessary for Putative Class Representatives on Appeal
On December 31, the United States Court of Appeals for the Ninth Circuit, in dismissing a class action appeal as moot, ruled that the putative class representative had not retained a personal stake in the class certification motion after voluntarily settling his individual claims.
In Campion v. Old Republic Protection Company, Inc., the plaintiff
FCRA Class Action Filed in Illinois State Court Based on Credit Card Receipts
On December 29, a putative class action was filed against Airgas, Inc. for printing expiration dates on credit and debit card receipts. The putative class action, Aliano et al. v. Airgas USA LLC et al., Case No. 14CH20024 (Cook County), alleges violations of the Fair Credit Reporting Act and identity theft. Airgas is an
CFPB Sues Texas Company Offering Sham Credit Card
On December 17, 2014, the Consumer Financial Protection Bureau (CFPB) sued Union Workers Credit Services, a Dallas-based company that allegedly deceived consumers into purchasing a sham credit card with a membership fee. The CFPB’s complaint charges the company with falsely advertising a general-use credit card that, in actuality, could only be used to buy products
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:
State AGs Urge CFPB to Take Immediate Action to Crack Down on Consumer Arbitration Clauses
A group of 16 state attorneys general recently wrote Richard Cordray, head of the Consumer Financial Protection Bureau, a letter encouraging the CFPB to take immediate action to crack down on pre-dispute mandatory arbitration clauses in consumer agreements for financial products or services. Specifically, while acknowledging that additional actions may be necessary to “fully address