In November 2016, the Federal Trade Commission announced its final changes to the Used Car Rule, formally referred to as the Used Motor Vehicle Trade Regulation Rule, which requires motor vehicle dealers to display a winder sticker, known as the “Buyers  Guide,” on used vehicles offered for sale.  Due to numerous questions raised by…

Massachusetts Attorney General Maura Healey announced updated legislation that will remove fees for security freezes and consumer credit reports.  The new legislation (SB 130/HB 134) includes several pro-consumer changes:

  • Consent – Any company seeking to obtain or use a consumer’s credit report or credit score will need the written consent of the consumer and must

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We are pleased to announce that Troutman Sanders partner Ron Raether will be a featured speaker at the upcoming 2017 ISSA International Conference taking place on October 9-11, 2017 at the Sheraton Hotel & Marina in San Diego, California. 

Ron will speak on “Governing without Clear Standards: Lessons from the Trenches,” on October 11, 2017, …

We are pleased to announce that Troutman Sanders partner Ron Raether will be a featured speaker at the upcoming American Bar Association Consumer Financial Services Institute taking place October 19-20, 2017 at the Waterview Conference Center in Arlington, Virginia.

Ron will co-panel a discussion entitled, “Financial Privacy, Data Security and Cybersecurity,” on Thursday, October 19, …

In re Monitronics International, Inc., pending in the Northern District of West Virginia, is a consolidated class action lawsuit brought under the Telephone Consumer Protection Act.  After years of contentious litigation, this past week the Court preliminarily approved a class action settlement of $28 million.  This significant settlement serves as another example of the high…

In a September 19 speech at the Federal Communications Bar Association in Washington, FTC Acting Chairman Maureen K. Ohlhausen stated that the Commission should focus on addressing instances of “substantial consumer injury” in deciding which cases to pursue.  Echoing (intentionally or not) the language of the Supreme Court’s foundational decision in Spokeo, Inc. v. Robins…

On September 5, the Consumer Financial Protection Bureau signed a consent order against payday and installment loan company Zero Parallel LLC and its president and primary owner for acts the CFPB alleged were unfair, deceptive, and abusive.  The order concludes the matter initiated by a complaint filed against the owner of Zero Parallel and another…

On September 19, the Consumer Financial Protection Bureau filed a complaint, together with a proposed consent order, against Top Notch Funding II, LLC, Rory Donadio, and John “Gene” Cavalli, alleging that the defendants engaged in deceptive practices in offering loans to consumers who are awaiting payments from settlements or victim compensation funds.  These…

This past May, Rep. Barry Loudermilk (R-Ga.) introduced H.R. 2359, the FCRA Liability Harmonization Act, which would cap class action damages in Fair Credit Reporting Act claims at $500,000 or one percent of the defendant’s net worth, whichever is less, and eliminate punitive damages.  Such changes would align the Fair Credit Reporting Act with numerous…

In Ela v. Kathleen Destefano, the Eleventh Circuit recently commented on the remedies provision of the Driver’s Privacy Protection Act (“DPPA”), holding that the liquidated damages provision does not apply to individual violations of the statute in instances where multiple violations are alleged.

As background, plaintiff Theresa Ann Ela sued Kathleen Destefano, an Orange…