On April 11, U.S. Magistrate Judge Sallie Kim of the Northern District of California issued a two-page order vacating judgment and final approval of a class action settlement based upon the parties’ failure to send correct notices to more than 300 class members. See Tyler Smith et al. v. Pacific Personnel Services Inc., No.
In a recent decision, the United States District Court for the District of New Jersey denied a consumer’s motion for summary judgment of her claims arising under the Fair Debt Collection Practices Act (“FDCPA”). The case is Estate of Wilfred C. Clements v. Apex Asset Management, LLC, No. 1:18-cv-10843-JBS-AMD (D.N.J. Mar. 25, 2019).
Defendant
On March 19, the United States District Court for the Northern District of Illinois ruled in favor of a defendant debt collector because the plaintiff failed to submit extrinsic evidence showing an unsophisticated consumer would find the letter at issue to be misleading, false, or deceptive.
In Lemke v. Escallate, LLC, No. 1:17-cv-5234, 2019
On March 11, the U.S. District Court for the Central District of California approved a settlement stipulation between the parties in the long-running Fair Credit Reporting Act litigation involving Spokeo, Inc. See Thomas Robins v. Spokeo, Inc., Case No. 2:10-cv-05306 (C.D. Cal.). The settlement brings an end to the dispute that led to the
In a recent decision, the United States District Court for the Middle District of Florida denied a consumer’s motion for summary judgment and granted summary judgment in favor of a debt collector regarding claims under the Fair Debt Collection Practices Act. The case is Encarnacion v. Financial Corporation of America, No. 2:17-cv-00566-SPC-UAM (M.D. Fla.
On February 26, the House Financial Services Committee held a hearing entitled “Who’s Keeping Score? Holding Credit Bureaus Accountable and Repairing a Broken System,” with the CEOs of the big three credit bureaus – TransUnion, Equifax, and Experian – testifying. The hearing was the first time the current CEOs of the major credit bureaus have
On February 20, the Consumer Financial Protection Bureau released a compliance guide for small entities that summarizes payment-related provisions of the Payday Lending Rule.
The Payday Lending Rule governs payday loans, vehicle tile loans, and certain high-cost installment loans. The Guide focuses on the payment provisions of the Payday Lending rule, found in Subpart C
In a recent case, the United States District Court for the Southern District of California partially dismissed a consumer’s claims under the Telephone Consumer Protection Act. The case is Bodie v. Lyft, No. 3:16-cv-02558-L-NLS (S.D. Cal. Jan. 16, 2019).
Plaintiff Jason David Bodie’s complaint alleged that he received two unsolicited text messages from a
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, members of Troutman’s Consumer Financial Services Practice will review the current state of federal and state consumer financial services law and policy and highlight what you and
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