On September 29, the United States Supreme Court agreed to hear the appeal of a case that retail merchants filed against the State of New York and City of New York challenging the constitutionality of a state law prohibiting merchants from assessing surcharges against customers who make purchases using a credit card. The challenged law
Court Filings Subject to FDCPA, Says Seventh Circuit
In Marquez v. Weinstein, Pinson & Riley, P.S., et al., the plaintiffs brought a class action against the defendants for alleged violations of the Fair Debt Collection Practices Act arising out of the defendants’ attempt to collect on student loan debts allegedly owed by the plaintiffs. Specifically, the defendant law firm, Weinstein, Pinson &
Preliminary Approval of $10.5M TCPA Class Action Settlement Granted
On September 28, the United States District Court for the Central District of California preliminarily approved a $10.5 million Telephone Consumer Protection Act class action settlement against Dun & Bradstreet Credibility Corporation (“DBCC”). According to the class action complaint that was originally filed in April 2015, DBCC, a seller of credit-building and credibility solutions for
Join Us at ABA’s National Institute on Consumer Financial Services Basics
We are pleased to announce that Troutman Sanders partners Ron Raether and David Anthony will be featured speakers at the American Bar Association’s Seventh Annual National Institute on Consumer Financial Services Basics on October 17-19 at the Waterview Conference Center in Arlington, Virginia.
Ron will participate in a panel discussion entitled “Financial Privacy and Data
Extra Assurances Not Required: Collector Not Liable for Letter with No Statement Assuring that Non-Interest Charges and Fees Would Not Accrue
The United States District Court for the Eastern District of New York has dismissed a debtor’s claim that a collection letter stating “Non-interest Charges & Fees: $0.00” was misleading under the Fair Debt Collection Practices Act because an unsophisticated consumer could mistakenly believe that non-interest charges and fees might be added in the future. The
CFPB Orders First National Bank of Omaha to Pay $32 Million for Credit Card Add-On Products
On August 25, the Consumer Financial Protection Bureau ordered First National Bank of Omaha to pay more than $32 million for alleged unlawful credit card practices related to add-on products and services. In addition to a penalty of $4.5 million, the bank must provide $27.75 million in relief to nearly 257,000 consumers.
The CFPB’s order
Join Us at ACI’s 20th Advanced Global Legal and Compliance Forum on Privacy & Security of Consumer and Employee Information
We are pleased to announce that Troutman Sanders partner Ron Raether will be a featured speaker at the American Conference Institute’s 20th Advanced Global Legal and Compliance Forum on Privacy & Security of Consumer and Employee Information, taking place October 13-14 in San Francisco.
Ron will participate on a panel entitled “Big Data in
Join Us on November 3 for a Webinar on “The Ten Commandments to Avoid Lender Liability”
In good times and bad, one of the single largest legal risks for lenders is liability claims brought by borrowers. Either asserted defensively when the borrower is unable to repay, offensively when the borrower has suffered a loss in a transaction financed by the loan, or as in an entrepreneurial effort to recover money based
LendUp to Pay $6.3M in CFPB-California Deal
On September 27, LendUp, an online payday lending company based in San Francisco, entered into a Consent Order with the Consumer Financial Protection Bureau and the California Department of Business Oversight over allegations that LendUp violated the Consumer Financial Protection Act and Regulation Z of the Truth In Lending Act by
Illinois Appellate Court Reverses Ruling in Favor of Neiman Marcus in Background Check Case
On September 27, the Illinois Court of Appeals reversed a ruling in favor of Neiman Marcus, finding that the department store violated the Illinois Employee Credit Privacy Act, 820 ILCS 70/1 et seq., when it ran background checks on potential employees. The Act prohibits an employer from inquiring into a potential employee’s credit history,