Can the United States Government be liable for reporting inaccurate credit information on a consumer and then failing to investigate the consumer’s dispute? Many courts are divided as to whether the Fair Credit Reporting Act (“FCRA”) applies to the United States Government. In Jones v. United States Department of Agriculture, the District Court for
On Thursday, February 22nd, from 3-4 p.m. ET, Troutman Sanders attorneys Michael Lacy, Mary Zinsner, Andrew Buxbaum, and Sarah Warren Smith presented a webinar that provided an overview of recent trends in the areas of lender liability, bank litigation, and arbitration. The webinar covered principles for avoiding liability, provided an update on important case law
In addition to the hotly litigated mandatory disclosure of the “amount of the debt,” the Fair Debt Collection Practices Act also requires a seemingly straightforward statement of “the name of the creditor to whom the debt is owed” as set forth in 15 U.S.C. § 1692g(a)(2). However, even this requirement has given rise to a
As part of its systematic review of all current rules and guides, the Federal Trade Commission recently announced a revised regulatory review schedule for 2018. For 2018, the FTC intends to initiate reviews of, and solicit public comments on, the following topics:
In the last few years, the right to privacy has been hotly debated in the United States. What critics do not understand or appreciate is that the next technological paradigm is completely dependent on improvements both to the quality and quantity of data.
As connected things (IoT) explode in popularity, they make things such as
On February 21, the Ninth Circuit affirmed a district court’s dismissal of an action brought under the Fair and Accurate Credit Transactions Act (“FACTA”), finding that the plaintiff had not demonstrated Article III standing. Plaintiff Steven Bassett alleged that ABM Parking Services and its affiliated businesses repeatedly printed the expiration date of his credit card
On January 31, a New Jersey District Court judge found that including a toll-free telephone number in an initial validation letter sent by a collection agency did not violate the Fair Debt Collection Practices Act (“FDCPA”) and therefore granted a debt collector’s Rule 12(c) motion to dismiss.
In Riccio v. Sentry Credit, consumer plaintiff
The Seventh Circuit recently heard argument in Robertson v. Allied Solutions LLC after the U.S. District Court for the Southern District of Indiana dismissed a class action while the plaintiff’s motion for preliminary approval of class settlement was pending. Although the motion was pending, the district court dismissed the case against Allied Solutions in light
In Culberson v. Walt Disney Parks and Resorts, the Culbersons brought a class action lawsuit against Disney under the Fair Credit Reporting Act (“FCRA”). The suit alleges that Disney violated the FCRA by obtaining a background report without providing a proper disclosure and by taking adverse action without following a proper adverse action process.
A state court in Arizona returned a $1.85 million verdict against two related rental car companies, resolving a consumer fraud suit raised by the Arizona Attorney General’s Office. The A.G.’s Office originally filed suit against Phoenix Car Rental, Saban’s Rent-A-Car, and the companies’ owner, Dennis N. Saban, in 2014, alleging violation of the Arizona Consumer