Consumer financial services companies are hopeful that the Supreme Court’s pending decision in Timbs v. Indiana will provide a Constitutional basis for challenging fines and penalties levied by state attorneys general and regulators. The Supreme Court heard oral argument on November 28 on the issue of whether the Excessive Fines Clause has been (or should
The Pennsylvania Supreme Court has ruled that employers have a legal duty to use reasonable care to safeguard the sensitive personal information of employees stored on an Internet-accessible computer system.
In Dittman v. UPMC, former and present employees of the University of Pittsburgh Medical Center filed a putative class action against UPMC arising from
In A-1 Premium Acceptance, Inc. v. Hunter, the Missouri Supreme Court upheld the circuit court’s order denying counterclaim defendant A-1’s motion to compel arbitration because the plain language of the consumer arbitration agreement limited the arbitrator to the National Arbitration Forum (NAF). After the parties executed the arbitration agreement, NAF entered into a consent
On December 10, the Bureau of Consumer Financial Protection issued proposed revisions to its 2016 Policy on No-Action Letters and proposed a BCFP Product Sandbox.
The proposed new policy has two parts: Part I is a revision of a 2016 policy on No-Action Letters, and Part II is a description of the BCFP Product Sandbox.
A court in the United States District Court for the Southern District of Iowa recently ruled that the protections applicable when consumer reports are obtained for “employment purposes” under the Fair Credit Reporting Act (“FCRA”) do not extend to reports obtained for independent contractors. This issue has been unsettled and both employers and background screening
The district court in the Northern District of Illinois granted summary judgment to the defendant in a TCPA case on the grounds that its dialing system no longer fit the definition of an automatic telephone dialing system (“ATDS”) because it dialed numbers from a stored list. In doing so, the Court reversed its
On November 29, the Third Circuit Court of Appeals reversed a district court’s grant of summary judgment to Drexel University in a Fair Debt Collection Practices Act case brought by a former student.
In Tiene v. Law Office of J. Scott Watson PC, No. 18-1221 (3d Cir. Nov. 29,
The Bureau of Consumer Financial Protection has continued its series of guidelines specifically addressing servicemembers’ purchases of automobiles. Recent posts on the Bureau’s blog have provided advice for servicemembers on shopping for auto financing, options for buying new cars versus used cars, as well as recommendations on how to trade in a vehicle.
With regard
The Northern District of California recently dismissed a putative class action, filed under the Fair Credit Reporting Act, challenging an employer’s inclusion of state-specific information in its FCRA consent and disclosure form. The Court held that the plaintiff had no standing to assert her FCRA claim because she failed to plead a concrete injury-in-fact.
In
On December 4, the Federal Trade Commission announced that it is seeking comment on whether the agency should make changes to rules requiring that financial institutions and creditors take certain steps to detect signs of identity theft that may affect their customers.
In a press release, the FTC stated that as part of its