Any company that uses telephony systems for outreach to consumers got important and potentially good news on January 27, 2020, when the Eleventh Circuit released its much-anticipated opinion in Glasser v. Hilton Grand Vacations Company, LLC, No. 18-14499. The court held that a phone system must use randomly or sequentially generated numbers to qualify
On January 24, the Consumer Financial Protection Bureau issued a policy statement that limits the “abusive acts and practices” standard created by the 2010 Dodd-Frank Act. While the policy statement does not define what constitutes an “abusive” act or practice, and in fact leaves many important questions unanswered, it plainly limits the scope of the
In Flecha v. Medicredit, Inc., the Fifth Circuit decertified a Fair Debt Collection Practices Act letter class and noted that the putative class “present[ed] substantial questions of Article III standing.” In doing so, the Fifth Circuit became part of a growing trend of circuit courts that are raising significant questions as to whether a
Today, January 28, 2020, is Data Privacy Day – a day dedicated to promoting privacy and data protection best practices. In recognition of the day, Troutman Sanders attorneys have returned again this year to send a bit of data privacy cheer.
All the presents have been opened.
The New Year’s Eve ball has been dropped.
In early January, President Trump signed the Telephone Robocall Abuse Criminal Enforcement and Deterrence (“TRACED”) Act into law, supporting bipartisan legislative efforts to curb robocalls. The Act gives the Federal Communications Commission greater enforcement authority against illegal robocallers. Specifically, under the new law, the FCC can now extend the statute of limitations by
On January 17, the Federal Trade Commission announced a settlement of allegations against a Latvian payment processor and its former CEO that they enabled a deceptive “free trial” offer scheme that billed United States consumers the full price for certain products and engaged in various tactics amounting to “credit card laundering.”
According to the FTC’s
On January 23, the United States Court of Appeals for the Sixth Circuit affirmed the dismissal of the class action complaint filed by plaintiff Muhammad M. Butt against FD Holdings, LLC d/b/a Factual Data in the case styled, Butt v. FD Holdings, LLC, d/b/a Factual Data. A copy of the Court’s opinion can be
In Lampert v. Weltman, Weinberg & Reis Co., LPA, plaintiff Debbie H. Lampert filed suit in the United States District Court for the Central District of Illinois against a debt collection agency, alleging that defendant Weltman, Weinberg & Reis Co., LPA violated the Fair Debt Collection Practices Act when it failed to cease collection
A Colorado woman is suing a collection agency in federal court under the Fair Debt Collection Practices Act for mistakenly emailing a receipt intended for her to a third party.
Plaintiff Stephanie Dehart incurred medical debt following the birth and delivery of her daughter. Her debt later was placed with defendant CollectionCenter, Inc., “the premier
Is the Consumer Financial Protection Bureau constitutional? Soon we will know. But what happens to the CFPB’s day-to-day work in the meantime? A student loan relief company decided to find out, and learned that the issue of the CFPB’s constitutionality will have no effect on the company’s obligation to respond to a civil investigative demand.