On June 18, 2015, the Federal Communications Commission (“FCC”) voted 3-2 to approve an order that promises to have major and negative impacts on companies who use modern telephone technology to text and call consumers.
The stark increase in the number of lawsuits that were filed under the Telephone Consumer Protection Act (“TCPA”) has been
The Federal Communications Commission recently announced the agenda for its upcoming June 18 Open Meeting. The agenda includes a number of items on which the Commission is considering action. Of those items on the agenda, few are more important to many financial service companies than the Commission’s focus on “Protecting Consumers Against Unwanted Robocalls.”
According
In In Touch Concepts, Inc. d/b/a ZCOM v. Cellco Partnership, the Second Circuit joined the Seventh Circuit in holding that a federal court retains subject matter jurisdiction over a case that had previously been removed to federal court under the Class Action Fairness Act (“CAFA”), even after the plaintiff amended the complaint to remove
In Simon v. FIA Card Services, N.A., the United States District Court for the District of New Jersey addressed whether the defendants engaged in false, misleading, or deceptive conduct in connection with their service of a subpoena for a Rule 2004 examination in the context of a bankruptcy proceeding. In granting the defendants’
On June 10, the New York City Council became the latest governmental body to “ban the box” by prohibiting private employers within the city from inquiring into a job applicant’s criminal history, and instead requiring that criminal background inquiries be deferred until the time of a job offer. In so doing, New York City joins
In Moore v. Rite Aid Headquarters, the District Court for the Eastern District of Pennsylvania ruled that the plaintiff had stated a plausible employment adverse action claim under the Fair Credit Reporting Act. In doing so, the Court’s decision raises questions about a widely accepted safe harbor of mailing pre-adverse and adverse action notices
A putative nationwide class action was recently filed under the Fair Credit Reporting Act against Dollar Tree Stores Inc. The lawsuit was filed in federal district court in Florida.
The complaint alleges that Dollar Tree failed to properly disclose in a separate document that it was going to obtain employees’ consumer reports for hiring purposes
The U.S. Supreme Court agreed on May 18 to hear an appeal from the U.S. Navy’s advertising partner challenging the Ninth Circuit’s remand of a potential class action over allegedly unsolicited text messages, potentially resolving the issue of whether a putative class claim is mooted by an offer of complete relief under Rule 68 of
In Abdelfattah v. DHS, the D.C. Circuit held that credit information obtained by the Department of Homeland Security on a person of interest can constitute a consumer report under the Fair Credit Reporting Act. Because DHS did not have a permissible purpose to obtain the information, it may be liable for an FCRA violation.
On May 1, the District Court for the Middle District of Alabama issued an order requesting that the parties provide supplemental briefing on the issue of standing in a lawsuit alleging Fair Credit Reporting Act violations. As we have previously reported on the blog, the Supreme Court recently granted certiorari in the Spokeo case