Today, in Rotkiske v. Klemm et al., case number 18-328, the Supreme Court of the United States confirmed the one-year time limit for filing a Fair Debt Collection Practices Act (FDCPA) suit generally begins to run when the alleged violation occurs, not when it is discovered.
Citing the FDCPA’s statutory provision that claims
Days before Thanksgiving, the Federal Trade Commission secured a $3.15 million judgment against a telemarketing company that “defrauded financially distressed consumers throughout the United States by selling them bogus credit-card interest-rate-reduction services.”
In late 2017, the FTC brought claims against Higher Goals Marketing LLC (“HGM”) and multiple other defendants, alleging that the company violated Section
On November 20, the Consumer Financial Protection Bureau announced that it is seeking public comments on the TRID Integrated Disclosure Rule, otherwise known as the “TILA-RESPA Integrated Disclosure” (“TRID Rule”) in accordance with Section 1022(d) of the Dodd-Frank Act. The TRID Rule implemented the Dodd-Frank Act’s directive to combine certain mortgage disclosures that consumers receive
Trina Davis brought both individual and putative class claims against Einstein Noah Restaurant Group, Inc. (herein “Einstein”), the parent company of popular bagel chain Noah’s Bagels, and Caribou Coffee Company, Inc. She alleged the companies violated the Fair Credit Reporting Act and related California statutes, arguing the consumer report disclosure form she signed to complete
On October 28, the parties to a Telephone Consumer Protection Act class action lawsuit pending in the Southern District of Florida reached a $6 million settlement. The settlement agreement resolves the lawsuit filed by Brian Keim against Pizza Hut, LLC and multiple franchisees in which Keim alleged that he and a class of individuals
On October 7, California Governor Gavin Newsome signed SB 616 into law. This new law, which goes into effect on September 1, 2020, includes changes to California law regarding garnishments. SB 616 amends California Code of Civil Procedure (CCCP) § 699.520, revising requirements for a writ of execution. The content of a notice of
On October 17, the Consumer Data Industry Association filed a lawsuit in the District of New Jersey seeking to block a New Jersey state law requiring credit reports to be made available in eleven foreign languages, if requested by the consumer. Specifically, the Association argues that the federal Fair Credit Reporting Act preempts the law
Three industry organizations filed suit against the Nevada Attorney General and the Commissioner of the Nevada Financial Institutions Division, claiming that a newly enacted Nevada law conflicts with and is preempted by federal law, including the Fair Credit Reporting Act (FCRA) and the Equal Credit Opportunity Act (ECOA). They are seeking an injunction preventing Nevada
On September 30, the District of Nevada dismissed a plaintiff’s class claim under the Telephone Consumer Protection Act but permitted her individual claim to proceed. In Whittum v. Acceptance Now West LLC, plaintiff Roxanne Whittum alleged that Acceptance Now placed multiple calls to her using an automatic telephone dialing system (“ATDS”)
The Consumer Data Industry Association (“CDIA”), a trade association whose members include the three largest consumer reporting agencies (“CRAs”), recently filed a lawsuit in Maine seeking a declaratory judgment that two recently passed credit reporting laws are preempted by the Fair Credit Reporting Act.
Earlier this year, the Maine legislature passed