According to a litigation statistics report issued by WebRecon LLC, consumer lawsuits alleging violation of the Fair Credit Reporting Act increased by nearly 60% in September from the prior month. That increase “keeps it in line with the aggressive growth in recent years.”
FCRA filings increased 58.4% from 351 in August to 556 in September
On October 23, the U.S. Department of the Treasury released a report objecting to the Consumer Financial Protection Bureau’s arbitration rule. As we previously reported, the rule prevents class action waivers in arbitration provisions for covered entities and also requires covered entities to provide information to the Bureau regarding any efforts to compel arbitration.
On October 4, Judge Anne Thompson of the United States District Court for the District of New Jersey preliminarily approved a $2.5 million settlement agreement in a proposed class action suit against Heartland Payment Systems.
The agreement would settle a lawsuit, filed by plaintiff Rudel Corporation, which alleges that Heartland charged its customers unauthorized fees
On Tuesday, January 30th, Amy Pritchard Williams, Partner at Troutman Sanders, will be speaking at ACI’s 5th Advanced Forum on False Claims & Qui Tam Enforcement conference in NYC. Amy’s presentation will focus on “Financial Services Industry: Latest Developments on False Claims & FIRREA.”
For more information, please click here.
On October 14, 2017, California became the most recent state to adopt a “ban-the-box” law. The law, signed by Governor Jerry Brown, goes into effect on January 1, 2018, prohibiting pre-offer inquiries regarding applicants’ conviction histories, and regulating employers’ decisions to deny employment to an applicant based on his or her convictions. This law is
In Robertson v. Allied Solutions, LLC, plaintiff Shameca Robertson brought a class action claim in the Southern District of Indiana against Allied Solutions under the Fair Credit Reporting Act. In the complaint, Robertson asserted two claims against Allied Solutions: (1) that the company failed to provide her with an FCRA-compliant disclosure informing her that
New York Attorney General Eric Schneiderman announced two settlements with motor vehicle dealer groups that provide for over $900,000 in restitution to approximately 6,400 New York State consumers. The settlements also require the dealers to pay $135,000 in penalties and costs to the state for the unlawful sale of credit repair and identity theft protection
Recent attempts by The Häagen-Dazs Shoppe Company, Inc., Nestlé Dreyer’s Ice Cream Company, and Nestlé USA, Inc. to have a Telephone Consumer Protection Act putative class action dismissed proved unsuccessful after the United States District Court for the Northern District of California found that the “thank you” text messages at issue could arguably constitute telemarketing.
The Federal Trade Commission, along with 11 states and the District of Columbia, just announced “Operation Game of Loans.” This is the first coordinated federal-state initiative targeting deceptive student loan debt relief scams. The nationwide crackdown encompasses 36 actions by the FTC and state attorneys general against bad actors that are alleged to
A federal judge in Utah has ruled that a debt collector may rely on the “bona fide error” defense to defeat a claim for violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq. Analyzing the compliance procedures that the debt collector had in place, the Court granted summary judgment for