On February 4, the New York Department of Financial Services (DFS) released the Cyber Insurance Risk Framework (Framework), which is considered the first guidance by a U.S. regulator on cyber insurance. The Framework is aimed at property and casualty insurers that provide cyber insurance, as well as other insurers that do not write specific cyber
In a recently filed Form 10-K, PayPal Holdings, Inc. (PayPal) announced that it received a Civil Investigative Demand (CID) from the Consumer Financial Protection Bureau (CFPB) on January 21 “related to Venmo’s unauthorized funds transfers and collections processes, and related matters.” PayPal owns and operates Venmo as part of its digital wallet portfolio.
While
February 11, 2021
11:00am – 12:00pm ET
Presented by the ABA Section of Litigation Consumer Litigation Committee, David Anthony and colleagues discussed the significant developments in Fair Credit Reporting Act litigation from 2020, with a particular focus on cases that involve class action issues. Panel discussion topics included standing to bring claims under the FCRA,
February 17, 2021
3:00 – 4:00 pm ET
FCRA litigation continues to increase. 2020 was a busy year, and 2021 seems poised for a further increase in litigation and regulatory actions. Please join us for a complimentary webinar to discuss the significant FCRA cases from 2020 and what is on the horizon for 2021. Topics
On February 2, Judge Robert T. Dawson, in the Western District of Arkansas, granted a defendant debt collector’s motion for summary judgment. The court determined Monterey Financial Service LLC’s responses to plaintiff Kyle Steven Johnston’s debt validation request did not constitute harassment and satisfied Monterey’s obligations under the FDCPA.
At issue in the case was
In Frank Gilbert v. I.C. System, Inc., the U.S. District Court for the Northern District of Illinois denied the defendant’s motion to compel arbitration in a FDCPA class action, holding that the corporate declaration offered by the defendant was insufficient to prove that the plaintiff actually saw and agreed to the account terms
In a statement recently disseminated to all Consumer Financial Protection Bureau (CFPB) personnel, Acting Director Dave Uejio set forth new priorities for the CFPB’s Supervision, Enforcement, and Fair Lending Division (SEFL), specifically around providing COVID-19 relief to consumers and racial equity.
In the statement, Uejio communicated his belief that “strong oversight” can make a
The Eleventh Circuit affirmed a district court’s dismissal for lack of standing in a data incident case. The majority opinion, written by Senior Judge Gerald Bard Tjoflat and joined by Judge Adalberto Jordan and Senior Fourth Circuit Judge William Traxler sitting by designation, highlighted the disagreement among federal appellate courts about the type of harm
In Giannini v. Fin. Recovery Servs., Judge Ellis of the District Court for the Northern District of Illinois dismissed a case alleging the defendant violated the Fair Debt Collection Practices Act by “fail[ing] to include safe harbor language” in its collection letter. In its ruling, the court emphasized that to establish standing under the
In Cherry v. Dometic Corp., the Eleventh Circuit Court of Appeals held that, when addressing a motion for class certification, courts may consider whether the named plaintiff has demonstrated an administratively feasible method for identifying absent class members, but administrative feasibility is not a standalone requirement. In reaching its decision, the Eleventh Circuit waded