The United States Court of Appeals for the Seventh Circuit recently reiterated that the Fair Debt Collection Practices Act was not intended to penalize a company that made an honest mistake that resulted in no harm to the borrower.
In Casillas v. Madison Avenue Associates, Inc., No. 17-3162, Slip Op. (7th Cir. June 4,
On June 14, an Eastern District of North Carolina judge issued the first opinion within the Fourth Circuit addressing the impact of ACA International on the definition of an automatic telephone dialing system, or “ATDS.” In Snow v. GE, Judge Flanagan dismissed plaintiff Marian Snow’s complaint because she failed to allege facts “permitting an
The Eleventh Circuit’s most recent decision regarding Regulation X, 12 C.F.R. § 1024.1, et seq., of the Real Estate Settlement Procedures Act (“RESPA”), 12 U.S.C. § 2601, et seq., will come as a relief to mortgage lenders and borrowers alike—although not to the individual plaintiff in Landau v. RoundPoint Mortgage Servicing Corp.
On June 14, the Consumer Financial Protection Bureau announced a settlement that effectively forgives $168 million in private student loans owed by former students of ITT Technical Institute, the for-profit college that filed for bankruptcy in 2016 in the face of regulatory scrutiny concerning its recruitment and student loan practices. The settlement is with Student
The Illinois legislature has been surging with new legislation the past couple of months. Among the flurry of laws created in what has been described as the most momentous legislative session in decades is a privacy statute that regulates an ever-growing issue in HR: the use of artificial intelligence, or “AI,” in the hiring process.
On June 21, the U.S. District Court for the District of Connecticut granted a temporary restraining order to the Federal Trade Commission to stop the operations of Grand Teton Professionals, a credit repair company. The FTC previously filed a complaint against Grand Teton and related entities, including its owners in their individual capacities – alleging
On June 25, the Federal Trade Commission announced a partnership with law enforcement to target illegal robocalls, including 94 actions aimed at operations around the nation that are responsible for more than a billion robocalls. “Operation Call it Quits” is aimed at reducing the number of pre-recorded telemarketing calls and includes new information aimed at
On June 20, the Supreme Court issued an uneventful opinion in the highly anticipated case PDR Network LLC, et al. v. Carlton & Harris Chiropractic, No. 17-1705. The case, which we discussed in depth here, was primed to give TCPA litigants much-needed guidance regarding the impact of Federal Communications Commission rules and regulations
At the state level, data privacy laws in the United States have primarily taken a reactive approach. As of 2018, all 50 states (as well as Washington, D.C., Puerto Rico and the U.S. Virgin Islands) have implemented data breach laws requiring notification to individuals for unauthorized access to personal information. Only certain states, however, regulate
Weighing in on a conflict that