On Friday, October 26th the Ninth Circuit upheld the Central District of California’s dismissal of plaintiff Jalen Epps’s First Amended Complaint for Earth Fare, Inc.’s alleged violation of the TCPA and California’s Unfair Competition Law. Epps is considered an “Opt-Out evader”—she has multiple suits pending against retailers with identical allegations. She consents to receiving text
In its decision, United Food & Commer. Workers Unions & Emplrs. Midwest Health Bens. Fund v. Warner Chilcott Ltd., 2018 U.S. App. LEXIS 28920, issued on October 17, the First Circuit held an antitrust case could not go forward as a class action where it was evident that many class members had not suffered
How the FCRA Accurate Reporting Requirement Interacts with Temporary Forbearance Plans
This past summer, the United States Court of Appeals for the Eleventh Circuit evaluated a $25-per-month mortgage forbearance plan and concluded that reporting the borrower as delinquent despite her forbearance payments was accurate and not materially misleading.
On September 24, the Court of Appeals for the Eleventh Circuit in Patel v. Specialized Loan Servicing, LLC ruled that a group of plaintiffs from Florida and Pennsylvania could not challenge the forced-placed insurance (“FPI”) rate their mortgage servicers charged. Because the plaintiffs did not purchase homeowner’s insurance, the mortgage servicers purchased FPI for the
The Northern District of Illinois recently held that a collection letter sent to a consumer’s attorney seeking payment on a debt discharged in bankruptcy did not violate the Fair Debt Collection Practices Act based on the “competent lawyer” standard. The case is Grajny v. Credit Control, LLC, No. 18-C-2719, 2018 U.S. Dist. LEXIS 173682,
In a recent Eighth Circuit case, the appellate court vacated the district court’s orders, holding that the plaintiff lacked Article III standing to bring her Fair Credit Reporting Act claims in federal court.
In Auer v. Trans Union, LLC, plaintiff Colleen Auer had accepted a job as city attorney for the City of
Fair Isaac Corporation, creator of the FICO credit score, plans to roll out a new scoring system in early 2019 that could result in higher credit scores for millions of would-be borrowers.
The new “UltraFICO Score” factors in how consumers manage their cash, savings, and money-market accounts. While borrowers
Last week, the U.S. District Court for the Middle District of Florida rejected a defendant’s attempt to dismiss a proposed class action claiming Fair Debt Collection Practices Act (“FDCPA”) violations for charging excessive fees. The case is Brotz v. Simm Assocs., No. 6:17-cv-1603 (M.D. Fla. Oct. 15, 2018).
In its
BTI Consulting Names Troutman Sanders a ‘Standout Law Firm’ in Three Litigation Categories
Troutman Sanders LLP has been designated a “Standout Law Firm” in BTI Consulting Group’s Litigation Outlook 2019 rankings in the following three categories:
The firm is regularly recognized by BTI. According to the
On October 18, the U.S. District Court for the Western District of Washington granted a motion to compel arbitration filed by student loan servicer Navient Solutions, LLC because the arbitration provision in the promissory note signed by the plaintiff was broad enough to capture future credit reporting disputes. The case is Howard v. Navient Solutions