On August 29, a Florida federal court rejected a motion to dismiss filed by Doctor’s Associates, Inc., doing business as Subway, which relied on the U.S. Supreme Court’s recent decision in Spokeo v. Robins in a Fair and Accurate Credit Transactions Act (“FACTA”) putative class action. Plaintiff Shane Flaum claimed that Subway violated FACTA by
Recent CFPB Supervisory Highlights Address FCRA Compliance Issues
The Consumer Financial Protection Bureau has continued to address FCRA-related compliance issues in its most recent Supervisory Highlights publications from March and June 2016. The Supervisory Highlights once again reiterate the importance of FCRA compliance for a broad spectrum of FCRA-regulated entities, including mortgage originators, furnishers of consumer information, and nationwide specialty consumer reporting agencies
TCPA Case Dismissed on Spokeo Reasoning
The District Court for the Southern District of California recently granted a motion to dismiss in a Telephone Consumer Protection Act case based on the Supreme Court’s decision in Spokeo, finding that the plaintiff failed to put forth evidence proving an injury-in-fact.
In Romero v. Department Stores National Bank, the defendant creditors allegedly
Join Us at the ACI’s 6th Bank & Non-Bank Forum on Mortgage Servicing Compliance in Washington
We are pleased to announce that Jon S. Hubbard will be a featured speaker at the Sixth Annual Bank & Non-Bank Forum on Mortgage Servicing Compliance, offered by the American Conference Institute in Washington, D.C., on November 30 and December 1.
Jon will speak on a panel entitled “Taking a Mortgage Servicing Case to Trial,”
FTC Seeks Comment on its Safeguarding Rule
The Federal Trade Commission announced on August 29 that it is seeking public comment on its Standards for Safeguarding Customer Information, commonly known as the Safeguards Rule, as part of the FTC’s periodic retrospective review of the rules. The Safeguards Rule, effective May 23, 2003, was issued under the Gramm-Leach-Bliley Act and places certain requirements
Join Us at the National Association of Professional Background Screeners Annual Conference
We are pleased to announce that Troutman Sanders partners David Anthony, Cindy Hanson, and Ron Raether will be featured speakers at the upcoming National Association of Professional Background Screeners (NAPBS) Annual Conference, to be held in Palm Desert, California on September 18-20.
On Monday, September 19, David and Ron will speak on a
Fourth Circuit Rejects FDCPA Liability For Filing Proofs of Claim On Time-Barred Debt
On August 25, 2016, the Fourth Circuit held in In re Eric Dubois, Case No. 15-1945, that filing a proof of claim based on a time-bared debt in a Chapter 13 bankruptcy does not violate the Fair Debt Collection Protection Act (FDCPA) when the applicable state statute of limitations does not extinguish the debt.
Northern District of Illinois Holds Third-Party Disclosure Required for FCRA Claim Under § 1681e(b)
Earlier this month, a federal court in the Northern District of Illinois granted a motion to dismiss a claim under 15 U.S.C. § 1681e(b), finding that a credit score purchased by the plaintiff was not a consumer report under the Fair Credit Reporting Act because it was not disclosed to any third
Join Us at ACI’s 2nd National Forum on Data Breach & Privacy Litigation and Enforcement
We are pleased to announce that Troutman Sanders partner Ron Raether will be a featured speaker at the American Conference Institute’s 2nd National Forum on Data Breach & Privacy Litigation, to be held at The Carlton Hotel in New York City September 29-30.
Ron will participate in a panel discussion entitled “Class Actions: Data
CFPB Introduces New Protections for Borrowers
On August 4, 2016, the CFPB issued its final mortgage servicing rule pursuant to Regulation X of the Real Estate Settlement Procedures Act (RESPA) and Regulation Z of the Truth in Lending Act (TILA). The final rule provides greater foreclosure protections to borrowers and requires further transparency between borrowers and mortgage servicers. The final rule