On April 23, the Office of the Comptroller of the Currency Bank added its support to Bank of America’s efforts to convince the Ninth Circuit to review a March 2 panel decision holding that the National Bank Act does not preempt a California state law requiring the payment of 2% interest on escrow accounts. “The
A federal court in Nebraska threw out a putative class action suit brought under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., and the Nebraska Consumer Protection Act, Neb. Rev. Stat. § 59-1601 et seq., holding that collection agencies could recover attorneys’ fees when using in-house counsel to file
A plaintiff’s putative class action suit in the Southern District of Ohio under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., has been thrown out because she could not show that the employer’s initial assessment or grading of her eligibility for the position was an adverse action.
On June 2, 2014,
According to a recent report from WebRecon, filings of Fair Credit Reporting Act cases have continued to increase in 2018. FCRA claims led consumer litigation filings in February, while Fair Debt Collection Practices Act (“FDCPA”) and Telephone Consumer Protection Act (“TCPA”) cases declined during the same month. The overall statistics for consumer litigation in February
On March 30, the U.S. District Court for the Eastern District of New York dismissed a Fair Debt Collection Practices Act case in favor of a debt collector, finding that the use of the Miller safe harbor language in its collection letter did not violate the FDCPA. In granting the debt collector’s motion, the Court
Last week, the National Institute of Standards and Technology released version 1.1 of the Framework for Improving Critical Infrastructure Cybersecurity—more commonly known as the Cybersecurity Framework.
The first version of Cybersecurity Framework was initially issued in February 2014 as voluntary guidance for critical infrastructure organizations to better manage and reduce cybersecurity risk. Although it
In a 51-47 vote on April 18, the U.S. Senate voted in favor of invalidating 2013 guidance from the Consumer Financial Protection Bureau that targeted purported discrimination in the automobile finance market. The resolution passed on party lines, with Senator Joe Manchin (D-W.Va.) the lone Democrat to join Republicans
Attorneys general from thirty-one states have signed a letter urging Congress to scrap a proposed federal breach notification law that was introduced by Rep. Blaine Lukemeyer (R-Mo.) and Rep. Carolyn Maloney (D-N.Y.) in an effort to create a national data breach notification and security standard. The proposed law, known as the Data Acquisition and Technology
We are pleased to announce that Troutman Sanders partner Ronald Raether will make a presentation on, “Incident Response Plans: Avoiding Common Mistakes through a Table Top Exercise,” at the Fraud & Breach Prevention Summit at the Hyatt Hotel in Dallas, Texas on April 24th, 2018 at 10:50 a.m. Ronald will also be on
In a recent ruling, the Seventh Circuit Court of Appeals held that plaintiffs stated a viable claim under the Fair Debt Collection Practices Act by alleging that a collection letter which included the safe harbor language set forth in Miller v. McCalla, Raymer, Padrick, Cobb, Nichols, & Clark, LLC, 214 F.3d 872 (7th Cir.