On January 21, a bipartisan coalition of 22 state attorneys general, along with the Hawaii Office of Consumer Protection, sent a letter to Comptroller Joseph M. Otting of the Office of the Comptroller of the Currency, objecting to a proposed rule that may extend the right of national banking and savings associations preemption of state
We are pleased to announce that Troutman Sanders’ attorney David Anthony will be presenting during the American Bar Association’s 2020 Corporate Counsel CLE Seminar at the Park Hyatt Aviara Resort in Carlsbad, California. For over 30 years in-house and outside counsel have come together to learn, network and share expertise about the unique challenges they
Wire fraud cases, arising from what the Federal Bureau of Investigation calls “business email compromise,” are on the rise. In 2018, the FBI reported that business email compromise and other internet-enabled theft, fraud, and exploitation resulted in $2.7 billion of financial loss. See FBI – IC3 Annual Report Released. Surprisingly, even sophisticated parties and
Last year, Sen. Mike Azinger (R-W.Va.) introduced Senate Bill 495 to the West Virginia Legislature, where it was referred to the Judiciary Committee. The bill proposed amendments to the West Virginia Consumer Credit and Protection Act, W. Va. Code § 46A-5-101, which was intended to “bring the Act in conformity with the federal Fair Debt
Last week, in Morgan v. Adventist Health Systems/Sunbelt, Inc., et al., the United States District Court for the Middle District of Florida joined a number of courts post-ACA International in holding that a telephony system must have the present capacity to randomly or sequentially generate telephone numbers in order to qualify as an
On January 9, 2020, the United States Court of Appeals for the Eleventh Circuit issued its decision in Williams v. First Advantage Lns Screening Solutions, a case watched closely by the background screening industry. In Williams, the Court affirmed a $250,000 compensatory damages award and reduced a $3.3 million punitive damages award to
We are pleased to announce that Troutman Sanders attorney Alan Wingfield will be presenting during a Stafford Webinar titled, “Bank Overdraft Fee Litigation and Regulatory Developments: Minimizing Liability Exposure” on March 11th, 2020 from 1:00-2:30pm.
This CLE webinar will provide counsel for financial institutions with an analysis of recent litigation and regulatory trends
A New York bankruptcy court recently allowed a pro se debtor to discharge over $200,000 in student loan debt, vehemently rejecting as “punitive” more recent legal authority concerning how student loan debts may be discharged in bankruptcy.
Debtor Kevin Jared Rosenberg, a New York law school graduate earning approximately $37,000 annually, filed for Chapter 7
Words matter, especially in debt collection communications. As a collector recently learned the hard way, debt collectors should attempt to use words precisely in order to comply with the Fair Debt Collections Practices Act.
In Hackler v. Tolteca Enterprises, Inc., plaintiff Sadie Hackler rented a home in Texas. After she moved out, her landlord charged
On January 3, 2020, in Buchholz v. Meyer Njus Tanick, P.A., No. 18-2261 (6th Cir. 2020), the Sixth Circuit Court of Appeals upheld the district court’s decision dismissing a complaint alleging violations of the Fair Debt Collection Practices Act on the grounds that the plaintiff lacked Article III standing. The Court found the