On March 31, the U.S. District Court for the Southern District of Indiana denied a motion to dismiss where a collection letter sent to the plaintiff stated, “[b]ecause of the age of your debt, our client will not sue you for it,” when in fact there was no possibility of suing on the debt because
U.S. District Court Dismisses CFPB Case Against Payment Processor
On March 17, the U.S. District Court for the District of North Dakota granted Intercept Corporation (“Intercept”), Bryan Smith, and Craig Dresser’s Motion to Dismiss the Consumer Financial Protection Bureau’s (“CFPB”) Complaint in the case between the CFPB and Intercept. The decision to grant the Motion to Dismiss marks the first time that the Bureau
Join Us for a Complimentary Webinar – Post-Spokeo Survey – An Analysis of Trends and Developments in the Courts
On Wednesday, April 19 from 12-1 p.m. ET, Troutman Sanders attorneys Mary Zinsner and Jon Hubbard will present a survey of consumer protection decisions from across the country interpreting and applying the Supreme Court’s ruling in Spokeo, Inc. v. Robins. The decisions from the federal circuits are conflicting and some “no-injury” class action proceedings
District of New Jersey Tosses FDCPA Putative Class Action
The United States District Court for the District of New Jersey recently dismissed a putative Fair Debt Collection Practices Act class action against defendant debt collector, Retrieval-Masters Creditors Bureau, Inc. (“RMCB”), over allegedly violative letters dealing with unpaid E-ZPass tolls. A copy of the opinion can be found here.
As background, plaintiff Thomas E.
Troutman Sanders Welcomes Amy Pritchard Williams
Troutman Sanders LLP announced today that Amy Pritchard Williams has joined the firm’s Financial Services Litigation practice in the Charlotte office. She previously practiced at K&L Gates LLP.
Williams’ practice focuses on financial services litigation and bankruptcy. She represents financial institutions in connection with False Claims Act actions, internal investigations and government investigations. She also
Virginia Federal Court Dismisses FCRA Permissible Purpose Claim on Standing Grounds
On March 29, 2017, a judge in the United States District Court for the Eastern District of Virginia dismissed a Fair Credit Reporting Act claim against Equifax Information Services, LLC alleging that Equifax provided the plaintiff’s consumer report to a third party without an FCRA permissible purpose. Dilday v. DIRECTV, LLC et al., No.
Ninth Circuit Reverses District Court’s Dismissal of Putative TCPA Class Action
The Ninth Circuit recently reversed a lower court’s dismissal of a Telephone Consumer Protection Act (TCPA) putative class action against Adir International, LLC (“Adir”), holding that Plaintiff Ned Flores (“Flores”) sufficiently alleged that Adir used an automatic telephone dialing system (“ATDS”) to send text messages to Flores.
According to the First Amended Complaint, Adir is
Largest Settlement of FACTA Class Action Against Restaurant Chain Granted Preliminary Approval
On March 23, the United States District Court for the Southern District of Florida granted preliminary approval of a nearly $31 million Fair and Accurate Credit Transactions Act (“FACTA”) class action settlement against Doctor’s Associates, Inc., doing business as Subway – the largest settlement to date in the history of FACTA.
According to the c
Join Troutman Sanders at the Third Party Payment Processors Annual Conference in Washington, DC
We are pleased to announce that Troutman Sanders partners Keith Barnett, Ashley Taylor and David Anthony will be featured speakers at the 2017 Third Party Payment Processors Association (“TPPPA”) Annual Conference taking place May 17-19 at The Westin Washington, DC City Center. Keith and Ashley will participate in a panel to address the current legal
Join Us for the Consero Financial Services and Insurance Litigation Forum April 2-4
We are pleased to announce that Troutman Sanders partners John Lynch and Ashley Taylor will be featured speakers at this year’s Consero Financial Services & Insurance Litigation Forum on April 2-4, 2017 at The Biltmore Miami – Coral Gables.
Consero’s 2017 Financial Services & Insurance Litigation Forum will address current and looming legal and business