A new putative class action lawsuit has been filed against the hotel chain owned by Donald Trump in the United States District Court for the Southern District of Illinois, after the hotel chain revealed that it had been the subject of a data breach. The suit asserts claims under “state consumer protection laws” and “state
Pennsylvania Federal Court Recognizes Preliminary Decision Does Not Constitute Adverse Action Under FCRA
On October 1, a district judge in the Eastern District of Pennsylvania issued a decision involving disclosure and adverse action claims under the Fair Credit Reporting Act. In its decision, the Court granted summary judgment for the defendants, recognizing a preliminary decision does not constitute adverse action under the FCRA.
In her complaint, the plaintiff
Federal “Ban the Box” Legislation Announced by Bipartisan Group
On September 10, a bipartisan group of lawmakers in both houses of Congress introduced the Fair Chance Act (S. 2021/H.R. 3470). The Fair Chance Act was introduced by Sen. Cory Booker (D-N.J.) and Rep. Elijah Cummings (D-Md.). Co-sponsors of the bill are Senators Ron Johnson (R-Wi.), Tammy Baldwin (D-Wi), Sherrod Brown (D-Ohio), and Joni Ernst
District Court Hangs Up on Motion to Stay TCPA Action Pending Challenge to FCC’s Order
On July 10, the Federal Communications Commission issued an omnibus order laying out its interpretation of numerous provisions of the Telephone Consumer Protection Act. The reach and expanse of this Order promises to change the landscape of TCPA litigation for years to come. As a general matter, the FCC took a broad view of the
Debt Collection Complaints to CFPB Decrease in August
Complaints to the Consumer Financial Protection Bureau filed against debt collectors declined ten percent from July to August 2015, according to the latest debt collection litigation and complaint statistics report from WebRecon. There were 3,432 complaints in August – down from 3,812 in July. 834 different debt collectors were implicated by the complaints. According
Court of Appeals Revives Breach of Contract Claim Based on Alleged Violation of HUD Regulations
In Covarrubias v. CitiMortgage, Inc ., the plaintiff brought a lawsuit against CitiMortgage, claiming it improperly foreclosed on her home by failing to comply with U.S. Department of Housing and Urban Development regulations incorporated into her deed of trust. Specifically, she claimed CitiMortgage failed to conduct, or make a reasonable effort to conduct, a
Whole Foods Becomes Most Recent Retailer to Settle FCRA Background Check Lawsuit
On September 15, the United States District Court for the Middle District of Florida preliminarily approved a Fair Credit Reporting Act background check class action settlement in Speer v. Whole Foods Market Group, Inc. We previously wrote about this lawsuit on the Consumer Financial Services Law Monitor blog here. The settlement adds Whole Foods
Better Business Bureau Data Show Sharp Decline in Debt Collection Complaints
The Better Business Bureau recently released data from 2014 regarding the number of complaints received pertaining to registered debt collection agencies. The statistics show a sharp decrease in the number of complaints lodged against debt collection agencies. This number is contrary to data released by the Consumer Financial Protection Bureau, which show an increase in
FTC Closes Investigation Against Health Care Provider, Offers Further Statements Regarding Background Screening Policies
The Federal Trade Commission has closed an investigation into potential violations of the Fair Credit Reporting Act by a California-based health care company. However, despite its decision to not recommend enforcement action, the Commission rejected the notion that the company’s use of background screening reports — or the use of reports to investigate job applicants
Snapshot Reveals Numbers and Trends of Consumer Credit Reporting Complaints to CFPB
On August 25, the Consumer Financial Protection Bureau released its monthly consumer complaint snapshot, which included a focus on complaints regarding credit reporting. According to the snapshot, the CFPB has handled 105,000 credit reporting complaints, making them the third most popular type of complaint received by the CFPB. The CFPB received nearly 7,000 credit