On August 9, a court in the United States District Court for the Northern District of Georgia joined several other district courts in finding consumer reports obtained for independent contractors do not trigger the protections applicable for consumer reports obtained for “employment purposes” under the Fair Credit Reporting Act. Although the issue remains unsettled, this
On June 20, the Supreme Court issued an uneventful opinion in the highly anticipated case PDR Network LLC, et al. v. Carlton & Harris Chiropractic, No. 17-1705. The case, which we discussed in depth here, was primed to give TCPA litigants much-needed guidance regarding the impact of Federal Communications Commission rules and regulations
The Federal Trade Commission has issued a Final Rule rescinding several Model Forms and Disclosures it had promulgated under the Fair Credit Reporting Act. The FTC determined these Model Forms and Disclosures were no longer necessary following the transfer of rulemaking authority associated with these forms to the Bureau of Consumer Financial Protection (“CFPB”) under the
A recent objection by the U.S. Department of Justice to a proposed class action settlement in Cowen v. Lenny & Larry’s Inc.[1] may be an indication that the DOJ will be scrutinizing future settlements for the benefits to the class members. The DOJ argued in its objection that the bulk of the benefit from the
On February 26, the Supreme Court held in a unanimous decision that the deadline to seek permission for an interlocutory appeal of a decision granting or denying class certification cannot be extended through equitable tolling. Rule 23(f) of the Federal Rules of Civil Procedure allows for an interlocutory appeal of class certification orders, but
The Seventh Circuit recently affirmed judgment in favor of the national consumer reporting agencies (“CRAs”), rejecting a plaintiff’s attempt to impose Fair Credit Reporting Act liability upon the CRAs for reporting information the furnisher had verified as accurate. This case represents a significant victory for CRAs facing collateral attacks of the
2018 was a busy year in the consumer financial services world. As we navigate the continuing heavy volume of regulatory change and forthcoming developments from the Trump administration, Troutman Sanders is uniquely positioned to help its clients successfully resolve problems and stay ahead of the compliance curve.
In this report, we share developments on
On Oct. 4, 2018, in Smith v. Mutual of Omaha Insurance Company,[1] the United States District Court for the Southern District of Iowa ruled the plaintiff could not advance his putative class action under the Fair Credit Reporting Act if he qualified as an independent contractor rather than an employee. The decision presents another helpful
A court in the United States District Court for the Southern District of Iowa recently ruled that the protections applicable when consumer reports are obtained for “employment purposes” under the Fair Credit Reporting Act (“FCRA”) do not extend to reports obtained for independent contractors. This issue has been unsettled and both employers and background screening
The district court in the Northern District of Illinois granted summary judgment to the defendant in a TCPA case on the grounds that its dialing system no longer fit the definition of an automatic telephone dialing system (“ATDS”) because it dialed numbers from a stored list. In doing so, the Court reversed its