On August 1, the Seventh Circuit Court of Appeals in Groshek v. Time Warner Cable, Inc. affirmed the Eastern District of Wisconsin’s dismissal of a putative Fair Credit Reporting Act class action on the basis of Article III standing. Specifically, applying the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540
Barclays Hit with Putative Class Action Over Background Checks
On August 4, the Brooklyn Events Center, LLC d/b/a Barclays Center, Levy Premium Foodservice Limited Partnership, and Professional Sports Catering LLC were hit with a putative class action alleging that the businesses use discriminatory criminal history screening policies to deny employment to qualified job applicants.
According to the complaint, the named plaintiff, Felipe …
FTC Files Complaint Against Merchants and ISO for Alleged Credit Card Laundering
On July 28, the Federal Trade Commission filed a lawsuit in the United States District Court for the District of Arizona against several merchants, an Independent Sales Organization (“ISO”), and their affiliated companies (a total of twelve defendants) alleging that they had engaged in credit card laundering in violation of Sec. 13(b) of the FTC…
Join Us for the American Bar Association State and Local 2017 Annual Meeting
We are pleased to announce that Troutman Sanders Partner Ashley Taylor will be a featured speaker at the American Bar Association State and Local 2017 Annual Meeting taking place on August 10, 2017.
Ashley will participate in the State Attorneys General and Department of Justices Issues Committee meeting tomorrow to discuss state Attorneys General work…
Northern District of Illinois Rules for Debt Collector on Challenge to 1099-C Language
On August 9, the Northern District of Illinois granted summary judgment to a debt collector who included 1099-C language in its collection letter. The Court held the language was not false or deceptive, and that no reasonable person could read the language otherwise.
In Moses v. LTD Financial Services I, Inc., et al., plaintiff…
Ninth Circuit Upholds $430,000 Jury Verdict in FCRA Case Against Auto Finance Company
The Ninth Circuit upheld a $430,000 jury verdict on a Fair Credit Reporting Act claim related to an auto finance company’s alleged failure to investigate an identity theft claim. The plaintiff, Seungtae Kim, alleged that he suffered damage to his credit and emotional distress as a result of the company’s failure to adequately investigate his …
Join Us for a Webinar on August 24 – A Review of Recent FCRA Trends and Developments
Join Troutman Sanders attorneys David N. Anthony, Cindy D. Hanson and Meagan A. Mihalko for a timely discussion of recent case studies and case law developments affecting the credit reporting and background screening industry. The discussion will include an update on the effects of Spokeo, as well as an overview of other recent…
Oregon District Court Enters Summary Judgment for Collector in Current Account Balance Case
On August 2, a Federal Court in Oregon entered summary judgment in favor of a collection agency, ruling that a debt collector must disclose to the consumer that interest accrues on an account only when such interest actually does accrue.
In Powers v. Capital Management Services, LP, plaintiff Diane Powers incurred a debt for …
Pennsylvania AG Follows Trend, Creates Consumer Financial Protection Unit
On July 20, Pennsylvania Attorney General Josh Shapiro announced the creation of a Consumer Financial Protection Unit to protect Pennsylvanians from “financial scams.”
According to Shapiro’s announcement, the new unit will focus on lenders and mortgage and student loan servicers that “prey on seniors, families with students, and military service members.” This new consumer unit…
CFPB Publishes Data on Consumer Complaints by State
The Consumer Financial Protection Bureau recently released a “special edition” of its standard monthly complaint report. The report gives statistics on the number and types of complaints received by the CFPB, both nationally and broken down by state. By providing data on all fifty states and the District of Columbia, the CFPB gives consumers and…