Background
In Varela v. Lamps Plus, Inc.,
The Eastern District of Pennsylvania concluded that an admitted professional litigant stated a claim under the Telephone Consumer Protection Act when he received the defendant’s telemarketing calls on his cell phone. The determinative factor was lack of allegations and evidence that the plaintiff used the phone for the sole purpose of bringing TCPA lawsuits. A
In Henderson v. United Student Aid Funds, Inc., the Ninth Circuit recently reversed a decision by the District Court for the Southern District of California holding that a lender could not be held vicariously liable for the actions of the debt collection companies that had been hired by its loan servicer.
The plaintiff in Henderson
This week the Consumer Financial Protection Bureau announced a policy change for the agency’s Civil Investigative Demands, or “CIDs.”
The CFPB is authorized by statute to issue CIDs. These updated policy changes address what may be included in those CIDs, specifically in the “notification of purpose” section. The CFPB has stated that going forward CIDs
On April 10, Priority Payout Corporation, a payment processing company and the successor of InterBill Ltd., agreed to settle charges with the Federal Trade Commission regarding violations of a 2009 Final Judgment and Order for Permanent Injunction and Other Equitable Relief (the “2009 Order”). The 2019 settlement with the FTC bans
On April 24, the Federal Deposit Insurance Corporation and Duke University’s Fuqua School of Business and Innovation and Entrepreneurship Initiative will host the inaugural “Fintech and the Future of Banking” conference in Arlington, Virginia.
The conference, headlined by speakers Jelena McWilliams, Chairman of the FDIC, and Steven Mnuchin, Secretary of the United States
The Federal Trade Commission’s recent settlement with online consumer lender Avant, LLC provides a reminder to fintech companies of the importance of ensuring regulatory compliance, while delivering innovative solutions to the financial services industry. On April 15, Avant agreed to settle a lawsuit by the FTC accusing the e-lender of “engag[ing] in a pattern of
On April 19, the Federal Communications Commission (FCC) released its agenda for its May Open Commission Meeting scheduled for May 9, 2019. Once again, however, there is no agenda item regarding the FCC’s highly anticipated rulemaking under the Telephone Consumer Protection Act (TCPA). The FCC’s silence on this topic means yet another month will pass
On April 11, U.S. Magistrate Judge Sallie Kim of the Northern District of California issued a two-page order vacating judgment and final approval of a class action settlement based upon the parties’ failure to send correct notices to more than 300 class members. See Tyler Smith et al. v. Pacific Personnel Services Inc., No.
On April 16, the U.S. Court of Appeals for the Seventh Circuit ruled that the definition of “conviction” under the Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681, et seq, should be interpreted under federal law, not the law of the state where the criminal record is generated. See Aldaco v. RentGrow, Inc.,