Partners Virginia B. Flynn, Chad R. Fuller, and Alan D. Wingfield of Troutman Sanders LLP are mentioned in a March 22 Law360 article regarding the United States Supreme Court’s decision to grant review of PDR Network v. Carlton & Harris Chiropractic, a Telephone Consumer Protection Act class action.
PDR Network is a company that
In the amorphous landscape of Telephone Consumer Protection Act jurisprudence, the lack of uniformity, consistency, and predictability has created legal hurdles for businesses and entities whose success in TCPA litigation depends largely on the jurisdiction in which they find themselves. Despite multiple attempts by the FCC to clarify the law, many questions remain. The most
In a decision issued on March 26, the Court of Appeals for the First Circuit found that appellee Citizens Bank’s “Sustained Overdraft Fees” do not qualify as interest under the National Bank Act (“NBA”) and the Office of the Comptroller of the Currency’s (“OCC”) related regulations, rules, and interpretive letters that provide guidance with
The United States Court of Appeals for the Second Circuit affirmed a district court’s dismissal of a Fair Debt Collection Practices Act (“FDCPA”) lawsuit over disclosure of the amount of debt owed.
Plaintiff Yuri Kolbasyuk sued debt collector Capital Management Services, LP (“CMS”) over a dunning letter that CMS sent him. CMS had been hired
Vanessa Smith was involved in a traffic accident in Arkansas and received a citation. In connection with the accident, Nationwide Mutual Insurance and Investments obtained a default judgment against Smith. The insurer then assigned the judgment to The McHughes Law Firm, LLC for collection. Smith subsequently entered into a payment plan with McHughes
On March 18, New Jersey governor Phil Murphy signed a bill that prohibits discrimination against cash-paying retail customers. The new law bans retailers who sell goods or services from requiring buyers to use a credit card or prohibiting the use of cash as payment for the goods or services. The new law takes effect immediately.
Parties to a class action lawsuit in the U.S. District Court for the Eastern District of Pennsylvania have asked for final approval of a $4 million proposed Telephone Consumer Protection Act settlement in a “wrong number” case. Plaintiff Robert Ward alleged that defendant Flagship Credit Acceptance, LLC called him in violation of the TCPA, as
A new Florida class action alleges that a car dealership misrepresented that it would make a “soft” credit inquiry, or pull, rather than a “hard” pull – and then made a hard pull. While the lawsuit alleges a straight-up misrepresentation causing harm to the consumer’s credit standing, the lawsuit illustrates the importance of accuracy in
On February 22, the Federal Trade Commission published a final decision in its investigation and enforcement action against online lender Social Finance, Inc. (“SoFi”). The action concerned the FTC’s allegation that SoFi made false statements in its advertising regarding the amount student loan borrowers could save by refinancing with SoFi.
According to the FTC, SoFi
The FTC announced that its roundtable discussion with state attorneys general, which had been set for March 25, will be postponed due to logistical issues. A new date is not yet available on the FTC’s Hearings Calendar, and an agenda has not been posted. This scheduled hearing is part of a larger series of