Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Sanders and Pepper Hamilton have 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
CFPB Releases New Documents Outlining Responsibilities of Financial Firms During COVID-19 Pandemic
On May 13, the Consumer Financial Protection Bureau released two new FAQ documents outlining responsibilities of certain financial firms during the coronavirus (“COVID-19”) pandemic, and a statement regarding billing error responsibilities of credit card issuers and other open-end non-home secured creditors.
The first new FAQ document is entitled, “The Bureau’s Payments and Deposits Rules FAQs
Tenth Circuit Develops New ERISA Rule in Ellis v. Liberty Assurance Company of Boston
The Tenth Circuit developed a new rule under the Employee Retirement Income Security Act of 1974 (ERISA) in Ellis v. Liberty Assurance Company of Boston (case number 19-1074), holding last week that courts should adhere to choice-of-law provisions in ERISA health benefits plans.
In Ellis, the Tenth Circuit considered whether Michael Ellis’ health benefits
Student Loan Servicer Claims Immunity Under the Eleventh Amendment – Court Says “No”
Earlier this month, the United States District Court for the Western District of Texas denied a student loan servicer’s motion for judgment on the pleadings, finding that it was not entitled to absolute immunity under the Eleventh Amendment of the United States Constitution for alleged violations of the Fair Credit Reporting Act.
In May 2018,
California Federal Court Grants Platform Provider’s Motion to Dismiss in TCPA Case
On May 13, a federal court in the United States District Court for the Northern District of California granted a defendant’s motion to dismiss in a putative class action brought under the Telephone Consumer Protection Act. The Court dismissed the plaintiff’s claims that the defendant, an e-commerce provider that offers a texting platform to
CFPB Reaches $18M Settlement with Mortgage Lender and Officers Alleged to Have Impermissibly Obtained Credit Reports for Student Loan Marketing Purposes
On May 14, the Consumer Financial Protection Bureau reached an $18 million settlement with mortgage lender Monster Loans (a/k/a Chou Team Realty LLC) and several individual, related entities to resolve allegations that they impermissibly and duplicitously obtained credit reports for their associated student loan debt-relief companies, which, in turn, used the consumer reports to deceptively
Complimentary Webinar Invitation: Hot TCPA Topics for Calling in the Time of COVID-19
Please join Troutman Sanders attorneys, Virginia Flynn, Chad Fuller, Alan Wingfield, and Brooke Conkle for the Complimentary Webinar “Hot Topics for Calling in the Time of COVID-19,” on Wednesday, May 20, 2020 at 3:00 p.m. EDT.
This webinar will cover the landmark decisions rendered by the Second, Seventh, and Eleventh Circuits in
Ninth Circuit Weighs in Again on “Standalone” FCRA Disclosures in Pair of Recent Cases
The United States Court of Appeals for the Ninth Circuit recently issued two decisions regarding requirements under the Fair Credit Reporting Act for employers who wish to run background checks on potential or current employees. These decisions should prompt employers to take a look at their current background check disclosure and authorization forms to assess
FTC and FDA Target a Range of Companies Making Advertising and Marketing Claims About COVID-19
As many companies continue to struggle in the face of the coronavirus (“COVID-19”) pandemic, some of them can add increased regulatory scrutiny to their list of stressors. Over the last couple of months, the United States Federal Trade Commission and the Food and Drug Administration have issued over 100 warning letters to companies making allegedly
Coalition of 24 State Attorneys General Push for Congress To Resolve Paycheck Protection Program Issues
On May 6, twenty-four state attorneys general led by Massachusetts Attorney General Maura Healey called for action from Congress, urging House of Representative and Senate leaders to come together to resolve the mounting issues with the Paycheck Protection Program (“PPP”). Against the backdrop of a record 33 million Americans filing for unemployment and daily news