On October 17, the Consumer Data Industry Association filed a lawsuit in the District of New Jersey seeking to block a New Jersey state law requiring credit reports to be made available in eleven foreign languages, if requested by the consumer. Specifically, the Association argues that the federal Fair Credit Reporting Act preempts the law
The Consumer Financial Protection Bureau is proposing changes to the Fair Debt Collection Practices Act and the Dodd-Frank Wall Street Reform and Consumer Protection Act (commonly referred to as “Dodd-Frank”). State attorneys general from 28 states have banded together to comment on the changes, which may impact an estimated 49 million American consumers who
The Telephone Consumer Protection Act, while permitting personal liability against officers and directors, continues to shield related corporate entities from liability. The same corporate formalities that impose liability on officers and directors ironically work to shield corporate entities from the same liability.
In Holland v. JPMorgan Chase Bank, plaintiff Steven W. Holland sued
On Oct. 10, the California attorney general released a draft of proposed regulations implementing the California Consumer Privacy Act and is calling on all interested parties to submit comments at the scheduled public hearings, by mail, or by email by Dec. 6.
There are many reasons why all businesses, industries, and impacted parties should consider
California court vindicates HCI (once again) as not covered by TCPA, but finds 70 calls over four months potentially harassing
A recent California decision touched upon two recurring sources of lawsuits against debt collectors: whether calls are subject to the Telephone Consumer Protection Act and whether the sheer number of calls can constitute harassment barred
On September 27, the District Court for the Eastern District of New York dismissed a plaintiff’s complaint alleging violations of the Fair Debt Collection Practices Act, finding a collection letter adequately set forth the amount owed and did so in a manner that was not false, deceptive, or misleading by using safe harbor language adopted
For several years now, New York courts have grappled with the issue of what constitutes revocation of the acceleration of mortgage debt. Because the Appellate Division of New York has four Departments that preside over different counties within the state, the same set of facts has resulted in different outcomes. That may change, however, when
It is common knowledge that class action lawsuits are expensive. And we know that many consumer class action lawsuits are filed without a proper class representative or with a class that is otherwise ill-defined, legally deficient, or unascertainable. Other purported Telephone Consumer Protection Act class action lawsuits present potentially dispositive issues from the outset, such
Virginia Bell Flynn is featured in Law360 for receiving a 2019 Rising Star Award in Consumer Protection. According to the article, which can be accessed online here, Flynn “has successfully represented health care companies in cases involving the Telephone Consumer Protection Act and has advised major settlements for her clients, such as representing Anthem
Three industry organizations filed suit against the Nevada Attorney General and the Commissioner of the Nevada Financial Institutions Division, claiming that a newly enacted Nevada law conflicts with and is preempted by federal law, including the Fair Credit Reporting Act (FCRA) and the Equal Credit Opportunity Act (ECOA). They are seeking an injunction preventing Nevada