In Chen v. Allstate Insurance Co., the Ninth Circuit became one of the first courts to address a significant question left open by the Supreme Court’s recent decision in Campbell-Ewald. Specifically, the Ninth Circuit considered whether a defendant could moot a plaintiff’s class claims by making an offer of judgment for complete relief,
New York City Issues Guidance Suggesting Background Screening Company Liability for Failure to Ensure Compliance With “Ban the Box” Requirements
The New York City Human Rights Law (the “NYCHRL”) prohibits discrimination in employment, public accommodations, and housing. It also prohibits discriminatory harassment and bias-based profiling by law enforcement. The NYCHRL, pursuant to the 2005 Civil Rights Restoration Act, must be construed “independently from similar or identical provisions of New York state or federal statutes” such
California Federal Court Joins Others in Staying Putative FCRA Class Action Pending Spokeo Decision
Judge Beth Labson Freeman for the United States District Court for the Northern District of California recently joined numerous other courts across the country in staying a putative FCRA class action pending the outcome of the Supreme Court’s decision in Spokeo Inc. v. Robins.
The underlying action in the California court challenged the defendant’s
District Court Gives TCPA Amendment Retroactive Effect, Benefiting Debt Collectors
In 2015, Congress amended the Telephone Consumer Protection Act to create an exemption to the statute’s autodialer restrictions for calls made solely to collect a debt owed to or guaranteed by the United States. On March 31, the United States District Court for the Northern District of California gave this amendment retroactive effect, to the
FTC Commissioner Brill to Resign
Commissioner Julie Brill with the Federal Trade Commission recently announced that she will step down at the end of this month to enter private practice.
Brill was appointed by President Obama and sworn in on April 6, 2010. Prior to joining the FTC, Brill was the Senior Deputy Attorney General and Chief of Consumer Protection
Supreme Court Declines Review of “Ascertainability” Issues
On February 29, the Supreme Court denied certiorari review in Mullins v. Direct Digital, LLC, No. 15-1776. The Mullins decision, which arose out of the Seventh Circuit, created a circuit split with the Eleventh and Third circuits with respect to the implicit “ascertainability” requirement that those two circuits had found precluded class certification.
Debt Collection Complaints Top List of FTC’s Annual Report Regarding Consumer Complaints
In the FTC’s annual report detailing consumer complaints, complaints against debt collectors topped the list for the first time in 15 years.
The FTC received more than 3 million complaints in 2015. That’s up from 2.5 million in 2014. Some of the increase can be attributed to the fact that more people know to
California District Court Joins Growing List of Courts Staying FCRA Class Action Lawsuits Pending Spokeo
In Lee v. Dollar Thrifty Auto. Group, Inc., the plaintiffs brought a class action lawsuit alleging multiple violations of the employment background check provisions of the Fair Credit Reporting Act (“FCRA”). Specifically, the plaintiffs claimed that the defendants failed to provide them with disclosures properly informing them that a background check would be
Court Allows FCRA Employment Background Check Lawsuit to Proceed Based on Strict Interpretation of the “Solely of the Disclosure” Requirement
In Robrinzine v. Big Lots Stores, Inc., the plaintiff brought what has become a familiar class action claim against employers under the Fair Credit Reporting Act (“FCRA”). According to the complaint, when Robrinzine applied for employment with Big Lots, she received a disclosure form informing her that a background check would be procured. She
Illinois Amends Laws Regulating Debt Collection
On January 29, Illinois enacted Senate Bill 1369. The bill makes certain revisions and amendments to the prior debt collection requirements that were enacted within the state in 2015. The law is effective immediately.
Among other provisions, the law adds the following definitions to the debt collection statute:
- “Collection agency” means any person who,