A Texas-based payment processor agreed on November 1 to pay $9 million to settle a putative class action brought under the Telephone Consumer Protection Act in the United States District Court for the Northern District of California. According to the plaintiffs, Pivotal Payments, Inc. failed to ensure that a third party it hired to make
The November 3 decision in Alpha Tech Pet, Inc. v. Lagasse, LLC, et al. highlights that one of the key individualized issues present in many TCPA class actions – whether consumers provided their consent to be called, texted, or, as in this case, sent faxes – can defeat class claims.
In its complaint, Alpha
On October 31, the United States District Court in the Eastern District of New York held that a debt collector violated the Fair Debt Collection Practices Act by failing to disclose whether interest and fees may accrue on an account. Specifically, the Court denied a debt collector’s summary judgment motion, stating that a collection letter
On October 4, the Consumer Financial Protection Bureau issued an interim final rule which will amend a portion of the 2016 Mortgage Servicing Final Rule for Regulation X of the Real Estate Settlement Procedures Act. Specifically, the interim rule will amend the amount of time mortgage servicers have under amended § 1024.39(d)(3)(iii) to “provide modified
On November 1, President Donald J. Trump signed a resolution passed by Congress to nullify the Consumer Financial Protection Bureau’s Arbitration Rule. As we reported here, the Senate narrowly passed a resolution to repeal the Rule in late October, ensuring that the controversy would make its way to the President’s desk. Trump’s signature ensures
The recent onslaught of putative class actions alleging violations of Illinois’ Biometric Information Privacy Act (“BIPA”), codified at 740 ILCS 14/1 et. seq., has left many Illinois companies scrambling to find answers (and defense lawyers).
While BIPA putative class actions have been filed against web-based companies like Shutterfly, Google, and Facebook, more recently it has
Alabama Attorney General Steve Marshall recently filed a complaint against Scott’s Credit Repair and its owners, John C. Scott and Krystal Scott, in Montgomery, Alabama Circuit Court. The complaint alleged that “from beginning to end, the consumer experience with Scott’s Credit Repair is rooted in deception and illegality.” More specifically, the complaint alleged that the
The District Court for the District of Nevada recently addressed the reach of a consumer’s written authorization to obtain a consumer report under the Fair Credit Reporting Act. In Rodriguez v. Your First Choice, LLC, it implicitly limited a business’s ability to obtain a report based on “written authorization” to situations when a permissible
The FTC has reached a proposed consent agreement with Victory Media, Inc., resolving allegations that Victory violated Section 5 of the FTC Act. The allegations stem from Victory’s promotion of post-secondary schools to members of the armed forces.
Victory advertises to members of the armed forces in a variety of ways, including through its publications
We are pleased to announce that Troutman Sanders partner Ashley Taylor will moderate a webinar panel discussion hosted by the American Bar Association on “Defending Consumer Protection Actions on Multiple Fronts: Coordinating Joint CFPB and State AG Investigations and Settlements.” The event will take place on November 27, 2017 from 1:00 – 2:30 p.m. ET.