In Watts v. Emergency Twenty Four, Inc. (No. 20-cv-1820 (N.D. Ill. June 21, 2021), the Northern District of Illinois granted a motion to dismiss claims asserted against a security company under the Telephone Consumer Protection Act (TCPA), finding that dialing system at issue did not qualify as an automatic telephone dialing system (ATDS).
Minnesota Passes Laws Affecting Debt Buyers
On June 26, Minnesota Governor Tim Walz signed into law a bill that expands the regulation of the accounts receivable management industry to include debt buyers and affiliated companies.
Under HF 6, “debt buyers” are defined as businesses “engaged in the purchase of any charged-off account, bill, or other indebtedness for collection purposes, whether
Washington District Court Awards $60,000 in Emotional Distress Damages to Plaintiffs in FDCPA Case
In Johnson v. Columbia Debt Recovery, a Washington district court awarded each plaintiff $30,000 in emotional distress damages under the Fair Debt Collection Practices Act (FDCPA), $120 in treble actual damages under the Washington Collection Agency Act (WCAA) and the Washington Consumer Protection Act (WCPA), and $2,000 in statutory damages under the FDCPA.
In
Supreme Court Decision: TransUnion v. Ramirez
Thursday, July 1 • 3:00 – 4:00 p.m. ET
On June 25, 2021, the Supreme Court decided TransUnion LLC v. Ramirez, holding in a 5-4 decision that the vast majority of class members lacked a “concrete” injury and, thus, they did not have standing to assert their Fair Credit Reporting Act claims in federal
Rental Property and the FDCPA: Ninth Circuit Reverses and Remands Entry of Summary Judgment for Defendants-Appellees in FDCPA Case
In Glawe v. Carpenter, Hazelwood, Delgado & Boren PLC, the Ninth Circuit Court of Appeals reversed and remanded the district court’s entry of summary judgment for the appellees-defendants in a Fair Debt Collection Practices Act (FDCPA) case. In its holding, the court emphasized the need to conduct a factual analysis in that case as
Republican Congressmen Seek Answers on Reports of CFPB Staff Being Pushed Out
In a June 22 letter to the inspector general of the Federal Reserve Board and Consumer Financial Protection Bureau, Subcommittee on Government Operations Ranking Member and House Representative Jody Hice (R-GA) called for an urgent investigation into reports that the Biden administration is targeting certain career CFPB employees from the Trump administration to replace them
Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter
Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Pepper has developed a dedicated COVID-19 Resource Center to guide clients through this unprecedented global health challenge. We regularly update this site with COVID-19 news and developments, recommendations from leading health organizations, and tools that businesses can
Securities Industry Arbitrations and Litigation Update: FINRA Issues Regulatory Notice 21-16 Concerning Predispute Arbitration Agreement Requirements
While Financial Industry Regulatory Authority (FINRA) rules do not require member firms and customers to enter into arbitration agreements or otherwise preclude parties from litigating disputes through the state and federal court systems, FINRA issued and published Regulatory Notice 21-16 (the “Notice”) on April 21, 2021 to emphasize the applicable FINRA Rules when member firms
Securities Industry Arbitrations and Litigation Update: Ninth Circuit Compels Dispute to FINRA Arbitration
On April 14, 2021, the U.S. Court of Appeals for the Ninth Circuit reversed the decision of the U.S. District Court for the Northern District of California finding that a FINRA registered investment banker’s statutory employment discrimination and civil rights claims were not subject to arbitration. In reversing, the Ninth Circuit held that the express
Securities Industry Arbitrations and Litigation Update: Newly Introduced Bill Could Prohibit Mandatory FINRA Arbitration of Customer Disputes and Further Bar Restrictions on Bringing Class Actions for Security Disputes
On April 16, 2021, a bill was introduced in the Senate and House that would restrict securities industry broker-dealers and other FINRA registered firms from imposing mandatory arbitration for customer disputes or contractually limiting a customer’s ability to bring suit on a class or consolidated basis.
Named the “Investor Choice Act” (the “Bill”), the Bill