On April 27, the Consumer Financial Protection Bureau filed a lawsuit in an Illinois federal court against four online installment loan companies operated by a California Native American tribe. Although the tribe operates the installment loan companies, the CFPB’s complaint alleges that the defendants are not “arms of the tribe” and therefore
Defendants Move to Dismiss Putative FACTA Class Action Based on Spokeo
On April 7, defendants Wolfgang’s Steakhouse, Inc. and ZMF Restaurants LLC again urged a New York federal court judge to dismiss a Fair and Accurate Transactions Act putative class action based on the Supreme Court’s decision in Spokeo, Inc. v. Robins.
In Fullwood v. Wolfgang’s Steakhouse, Inc., plaintiff Cynthia Fullwood alleged
U.S. Supreme Court Rejects “Meaningful Attorney Involvement” Case
The United States Supreme Court declined a petition for writ of certiorari by a consumer regarding a collection letter on law firm letterhead with attorney signatures. The ruling of the United States Court of Appeals for the District of Columbia in Tawanda Jones v. David Sean Dufek, Sr. was left in place, holding that a
CFPB Meets With Community Bankers to Discuss Use of Alternative Data in Credit Decisions
On April 25, the Consumer Financial Protection Bureau held its Spring 2017 Community Bank Advisory Council meeting in Washington. The purpose of the meeting was to allow representatives from community banks an opportunity to provide additional input on the Bureau’s Request for Information (“RFI”) on the use of alternative data to assess creditworthiness of consumers
New WVCCPA Amendments are Enacted by Governor Justice
Senate Bill No. 563 amends several provisions of the West Virginia Consumer Credit Protection Act (WVCCPA). The Bill passed the West Virginia Senate and the House of Delegates with high approval margins, and was signed into law by Governor Jim Justice on April 21, 2017. These amendments to the WVCCPA will have an impact on
California Approves New Regulations Regarding Consideration of Criminal History in Employment Decisions
On March 27, the Office of Administrative Law for the State of California announced new regulations that even further limit employers’ ability to consider a job applicant’s criminal history when making hiring decisions.
Except if otherwise permitted by law, employers are prohibited from taking into consideration during the hiring process a number of enumerated offenses,
Health Care Management Company Sued in FCRA Class Action
Lawsuits under the Fair Credit Reporting Act resulting from allegedly inaccurate background checks do not appear to be going away. Just last week, plaintiff Michelle Petry filed a class action against IDE Management d/b/a Cathedral Health Care Centers, in the Southern District of Indiana, claiming that she was denied a job as a
FTC and NHTSA to Hold Workshop on Connected Vehicles
The Federal Trade Commission and the National Highway Traffic Safety Administration are teaming up to hold a workshop on June 28, 2017 related to privacy and security issues posed by connected vehicles. The FTC has requested that comments related to this issue be submitted online or by mail by May 1.
“Connected vehicles” include most
Supreme Court Wavers During Oral Arguments in FDCPA Case That May Upend Entire Industry
On April 18, the United States Supreme Court heard long-awaited oral arguments in a case that addresses the fundamental issue of the definition of a “debt collector” under the Fair Debt Collection Practices Act. The Supreme Court’s decision will resolve an existing Circuit split on whether an entity that purchases defaulted debts and then attempts
North Carolina House Votes Overwhelmingly to “Ban the Box”
The North Carolina House of Representatives recently voted 98-14 to “ban the box” for state agency hiring. The bill would not apply to private employers or to state positions that “involve direct interaction with minors or the elderly.”
House Bill 409 would prevent state agencies from inquiring into an employment applicant’s criminal history at