On May 26, California Supreme Court ruled that the Federal Trade Commission’s (FTC) “Holder Rule” does not limit the award of attorneys’ fees where a consumer seeks fees from a holder under a state prevailing party statute.
The Holder Rule and Previous California Precedent
The FTC’s Holder Rule permits consumers to bring any legal claims
Join Troutman Pepper Consumer Financial Services Partner Chris Willis and fellow Partners Cindy Hanson and Tim St. George as they discuss current trends in Fair Credit Reporting Act litigation. Both Cindy and Tim are recognized nationally on issues related to the Fair Credit Reporting Act. Cindy has handled more than a thousand matters under the Fair Credit Reporting Act, including hundreds of class actions. Tim has extensive experience handling Fair Credit Reporting Act matters, including those related to employment background screening, as well as class-action litigation.
Continue Reading Current Trends in FCRA Litigation
On March 22, California’s Fifth Appellate District Court of Appeals issued a decision on the availability of attorneys’ fees under the Federal Trade Commission’s (FTC) Holder Rule. This case follows recent FTC guidance and two decisions from California’s Second Appellate District Court of Appeals holding that the Holder Rule does not bar recovery of attorneys’
On March 18, the three nationwide consumer reporting agencies — Equifax, Experian, and TransUnion (NCRAs) — announced plans to change how medical debt will be reported on credit reports. The joint measures will result in the removal of nearly 70% of medical collection debt records from credit reports.
The announcement included the following three major
On March 1, the Supreme Court of California held oral arguments in Pulliam v. HNL Automotive, Inc., No. S267576 (2021). The appeal may decide (at least under California state law) whether the Federal Trade Commission’s (FTC) “Holder Rule” permits a consumer to recover amounts beyond what he or she has paid to the holder,
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Thursday, March 3 • 4:00 – 5:00 p.m. ET
FCRA litigation continues to increase. 2021 was a busy year, and 2022 seems poised for a further increase in litigation and regulatory actions. Please join us for a complimentary webinar to discuss the significant FCRA cases from 2021 and what is on the horizon
On February 10, the Ninth Circuit affirmed a Central District of California decision, finding that a consumer reporting agency (CRA) did not violate the Fair Credit Reporting Act (FCRA) when it reported a criminal record with a charge date that antedated the report by more than seven years. The case is Moran v. Screening Pros
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
On January 20, the Federal Trade Commission (FTC) issued an advisory opinion on the impact of the Trade Regulation Rule Concerning Preservation of Consumers’ Claims and Defenses (Holder Rule) on the recovery of attorneys’ fees and costs above the amount paid on a consumer receivable arising out of a financed sale of goods or services.
On January 13, a coalition of 39 state attorneys general — led by AGs from Pennsylvania, Washington, Illinois, Massachusetts, and California — reached a settlement with student loan servicer Navient over allegedly unfair, deceptive, and abusive student loan origination and servicing practices. The $1.8 billion settlement will undoubtedly draw eyes, but perhaps just as important
