On January 20, the Third Circuit in In re Horizon Healthcare Services Data Breach Litigation reversed a district court’s dismissal of a lawsuit under the Fair Credit Reporting Act involving a data breach at Horizon Healthcare. The Third Circuit held that the plaintiffs had standing to pursue their claims under the FCRA without any accompanying
Lead Generator Defendants Charged by FTC Will Pay $10 Million to Consumers
On December 19, 2016, the United States District Court for the Southern District of Florida entered a Stipulated Order for Permanent Injunction and Monetary Judgment to resolve all matters in dispute in the case of Federal Trade Commission and State of Florida v. Inbound Call Experts, LLC et al. after the parties reached a
CFPB and State AGs Sue Largest Student Loan Servicer
On January 18, the CFPB and the state attorneys general for Illinois and Washington filed three separate enforcement actions against Navient Corporation and its related entities for violations of a number of consumer protection laws. Navient is the largest student loan servicer in the United States, servicing the loans of more than 12
Ninth Circuit Agrees to Remand Action to State Court Based on Spokeo
The Ninth Circuit in Medellin v. IKEA U.S. West Inc. recently remanded a plaintiff’s appeal to the district court with instructions to dismiss the case after the plaintiff admitted that she lacked Article III standing to proceed in federal court.
As background, Rita Medellin’s class action complaint alleged that IKEA violated the Song-Beverly Credit Card
Plaintiff Has Standing in FCRA Class Action Suit, Says Pennsylvania Magistrate Judge
On January 18, a United States magistrate judge for the Middle District of Pennsylvania opined that a plaintiff has standing under Spokeo to pursue his Fair Credit Reporting Act class action complaint in federal court.
In Miller v. Trans Union LLC, plaintiff Ronald J. Miller alleges that Trans Union violated section 1681g(a) of
Supreme Court To Decide Whether Financing Company Collecting Debts Is A “Debt Collector” Under The FDCPA
On January 13, 2017, the United States Supreme Court agreed to hear a case presenting the question whether a financing company that purchases delinquent debts and begins collecting on those debts can be held liable under the Fair Debt Collection Practices Act (FDCPA). The Court will review the Fourth Circuit’s decision in Henson et al.
Federal Court Grants Temporary Injunction to FTC Over Credit Bureau Center’s Allegedly Fraudulent Practices
On January 10, the FTC filed a complaint in the U.S. District Court for the Northern District of Illinois against Credit Bureau Center LLC and three individuals for allegedly luring consumers into signing up for credit monitoring services using fake rental property ads and offers of free credit reports.
The complaint alleged that all the
Lands’ End Faces TCPA Class Action from Alleged Junk Faxes
Lands’ End, a Wisconsin-based clothing retailer, was named as a defendant in a putative class action filed January 4 under the Telephone Consumer Protection Act in federal court in Connecticut. The TCPA includes, as a result of the Junk Fax Protection Act of 2005, prohibitions on sending unsolicited fax advertisements without a required opt-out notice
Payment Processing Marketer Seeks Sanctions Against CFPB
On January 4, a defendant in a Fair Debt Collections Practices Act case moved for sanctions against the Consumer Financial Protection Bureau, arguing that it never had proof that the defendant acted wrongfully when it filed suit in early 2015. In support of its Motion, Pathfinder Payment Solutions, Inc. stated that the Bureau “knowingly exceeded
Telecommunications Service Provider Does Not Have Standing to Sue Under TCPA
In Telephone Science Corporation v. Asset Recovery Solutions, the United States District Court for the Northern District of Illinois recently held that Telephone Science Corporation (“TSC”), a telecommunications company, did not have standing to pursue its Telephone Consumer Protection Act claims against Asset Recovery Solutions, LLC (“ARS”), a debt collection company.
TSC operates a