The National Highway Traffic Safety Administration and the Department of Transportation have issued a Notice of Proposed Rulemaking for autonomous and connected cars. The NPRM “proposes to establish a new Federal Motor Vehicle Safety Standard” under 40 CFR 571 to mandate vehicle-to-vehicle (V2V) communications for new light vehicles and to standardize the message and format
Join Us on February 9 for a Complimentary Webinar on Redlining and Fair Lending
Join Troutman Sanders Partners James W. Stevens and Alan D. Wingfield on Thursday, February 9 at 12 p.m. ET for a complimentary webinar to discuss current trends and outlook for the key fair lending issues of redlining and disparate impact.
Specific topics of discussion include the basics of federal regulators’ theories and methodologies in assessing
Ninth Circuit Reverses Dismissal of Plaintiffs’ FCRA Complaint against Fannie Mae
In an unpublished decision, the Ninth Circuit Court of Appeals ruled that a complaint sufficiently alleged that Federal National Mortgage Association (“Fannie Mae”) may act as a consumer reporting agency (“CRA”) under the Fair Credit Reporting Act, which could potentially subject Fannie Mae to the accuracy requirements imposed by section 1681e(b) of the FCRA.
In
NY AG Settles with Acer for $115,000 over Data Breach
On January 26, New York Attorney General Eric Schneiderman announced a settlement with Acer Service Corporation over an alleged data breach involving more than 35,000 credit card numbers, including the credit card information and other personal information of 2,250 New York residents. As part of the settlement, Acer agreed to pay $115,000 in penalties
Six Attorneys General File Motion to Intervene in School Accreditation Case
On January 24, attorneys general for Massachusetts, Maine, Maryland, Illinois, New York, and the District of Columbia filed a motion to intervene in a case between the U.S. Department of Education and the Accrediting Council for Independent Colleges and Schools (“ACICS”).
ACICS, which previously has come under federal scrutiny for its accreditation practices, filed the
Ban the Box Bill Passes Virginia State Senate, Awaits Review by House
On January 27, Sen. Rosalyn Dance’s “ban the box” bill, SB 1171, passed the Virginia Senate by a 22-17 vote. The bill proposes to “ban the box” by preventing prospective employers from asking about a job applicant’s criminal history at the initial employment application stage. The bill was introduced as follows:
“Public employment; inquiries by
New Jersey District Court Grants Michaels Stores’ Spokeo Motion on Consolidated FCRA Action
Last week, a district court in New Jersey dismissed a consolidated action against Michaels Stores, Inc., finding that the plaintiffs lacked Article III standing to bring their FCRA claims.
In the consolidated action, plaintiffs Christina Graham, Gary Anderson, Michele Castro, Janice Bercut, and Michelle Bercut applied for and were hired by Michaels. Despite obtaining employment,
Employers Beware: Ninth Circuit Finds Inclusion of Liability Waiver in FCRA Background Check Disclosure Form is a Willful Violation
On January 20, 2017, the Ninth Circuit Court of Appeals issued a decision of first impression in Syed v. M-I, LLC, a putative class action, when it held that a prospective employer willfully violated the Fair Credit Reporting Act (FCRA) by including a liability waiver in its FCRA background check disclosure form.
Any employer who
Supreme Court Focuses on Intersection of FDCPA and Bankruptcy Code
On January 17, 2017, the United States Supreme Court heard oral argument in the case of Midland Funding, LLC v. Johnson, an appeal from the Eleventh Circuit bringing to a head two issues that had been boiling for several years: (i) whether the filing of an accurate proof of claim for an unextinguished time-barred
Democratic AGs File Motion to Intervene in CFPB “For Cause” Removal Case
On January 23, Democratic attorneys general from 16 states and the District of Columbia filed a motion to intervene in the closely watched PHH Corp. v. Consumer Financial Protection Bureau case, currently pending in the U.S. Court of Appeals for the District of Columbia. As we reported here and here, in October