On February 12, the Third Circuit Court of Appeals issued a precedential opinion in which it found that a debt collector’s inclusion of the word “settlement” in a collection letter for a statutorily time-barred debt suggested to the least sophisticated debtor the debt was still legally enforceable could therefore constitute potential violation of the Fair
The Sixth Circuit dismissed a claim under the Fair Debt Collection Practices Act against an attorney for lack of standing because the letter sent by the debt collector could not have caused the plaintiff a cognizable injury.
In 2010, consumer plaintiffs James and Patricia Hagy defaulted on the loan payments for their mobile home, and
Can the United States Government be liable for reporting inaccurate credit information on a consumer and then failing to investigate the consumer’s dispute? Many courts are divided as to whether the Fair Credit Reporting Act (“FCRA”) applies to the United States Government. In Jones v. United States Department of Agriculture, the District Court for
As part of its systematic review of all current rules and guides, the Federal Trade Commission recently announced a revised regulatory review schedule for 2018. For 2018, the FTC intends to initiate reviews of, and solicit public comments on, the following topics:
The Seventh Circuit recently heard argument in Robertson v. Allied Solutions LLC after the U.S. District Court for the Southern District of Indiana dismissed a class action while the plaintiff’s motion for preliminary approval of class settlement was pending. Although the motion was pending, the district court dismissed the case against Allied Solutions in light
In Culberson v. Walt Disney Parks and Resorts, the Culbersons brought a class action lawsuit against Disney under the Fair Credit Reporting Act (“FCRA”). The suit alleges that Disney violated the FCRA by obtaining a background report without providing a proper disclosure and by taking adverse action without following a proper adverse action process.
On February 7, the Washington State House of Representatives approved a bill that would “ban the box” and prohibit requests about past criminal history in initial employment applications. According to The Spokesman-Review, the bill, dubbed the “Fair Chance Act,” passed on a mostly partisan vote after supporters said it was important to give people
On February 1, the city council of Kansas City, Missouri passed a “ban the box” ordinance which prohibits nearly all Kansas City employers from inquiring into an applicant’s criminal history until after the applicant has been interviewed. The ordinance – titled “Criminal Records in Employment” and effective June 9, 2018 – applies to those with
On January 30, the Consumer Financial Protection Bureau issued its 2018 list of consumer reporting companies, which contains information regarding the nationwide consumer reporting agencies as well as companies operating in specialized areas such as employment screening, tenant screening, utilities, and gaming. The list includes the following:
A Florida jury awarded $70.6 million to Samantha Baca, a former stewardess on the Endless Summer yacht in connection with a claim that the boat’s owner failed to protect her from being sexually assaulted by a co-worker in February 2015.
The $70.6 million award included $70,000 in lost wages, $4.2 million in lost future wages,