On June 25, a district court judge in the Eastern District of Louisiana granted the defendants’ motion to dismiss under Rule 12(b)(6) for failure to state a claim. The Court held that requiring the plaintiff, Iris Calogero, to repay funds arising from the overpayment of grant monies did not constitute a debt under the Fair
An amendment to the West Virginia Consumer Credit and Protection Act takes effect this week that will regulate and impose restrictions on “litigation financiers.” The new amendment, found in Sections 46A-6N-1 through 8 (“Article 6N”), adds an article to the current Act, which is one of the primary statutes that governs consumer transactions in West
Plaintiffs Clint Millien and Felipe Kelly sued Madison Square Garden for its hiring practices relating to applicants’ failure to disclose previous criminal activity when applying for food preparation positions. The plaintiffs claim that Madison Square Garden imposed too strict of requirements for criminal disclosures that had a disparate impact on minority applicants. The parties agreed
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