On June 27, the Federal Trade Commission issued an alert regarding new amendments to the Telemarketing Sales Rule (“TSR”) that are now in effect.  The new amendments prohibit telemarketers from using three types of commonly abused payment methods: cash-to-cash money transfers (such as MoneyGram), PIN numbers from cash reload cards …

A recently introduced House bill would provide a mechanism to let states opt out of the CFPB’s newly announced rules regulating payday, auto title, and other short-term, small dollar loans.  On June 21, Congressman Scott Tipton (R-Colo.) introduced H.B. 5552 which would effectively amend the CFPB’s recently proposed rules.  If passed, …

On July 1, the U.S. District Court for the Southern District of California granted plaintiffs’ motion for preliminary approval of a $4.5 million class action settlement in a Telephone Consumer Protection Act case.  

According to the complaint in Sanders v. RBS Citizens, N.A. filed in 2013, the plaintiffs alleged that they received …

In one of the largest settlements in history under the Telephone Consumer Protection Act (“TCPA”), Sirius XM Radio Inc. agreed to pay $35 million to resolve putative class actions filed throughout the country alleging that it had used an automatic telephone dialing system to engage in telemarketing to trial users of its satellite radio service…

On June 20, the U.S. District Court for the Eastern District of New York granted a creditor’s motion for summary judgment in an action brought pursuant to the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act. 

In Reyes, Jr. v. Lincoln Automotive Financial Services, the plaintiff leased a new …

On June 6, the Attorney General for the State of North Carolina executed a settlement agreement with a payday lender, Future Income Payments, LLC, arising out of the payday lender’s alleged violation of that state’s usury laws.  The settlement agreement requires the lender to pay North Carolina $50,000 in attorneys’ and investigation fees, plus a…

Law360, New York (June 30, 2016, 4:42 PM ET) —

The Eighth Circuit’s recent ruling in Sandusky Wellness Center LLC v. Medtox Scientific Inc. on ascertainability deepened a circuit split on one of the most important and challenging class certification issues. Until theU.S. Supreme Court resolves the split, the legal standard for ascertainability…

The Federal Trade Commission (“FTC”) issued a press release last week announcing it has assessed $950,000 in civil penalties against Singapore-based mobile advertising company InMobi for alleged violations of the FTC Act and the Children’s Online Privacy Protection Act of 1998 (“COPPA”).  The penalty is part of InMobi’s settlement with the FTC over allegations that…

In a new class action complaint filed in U.S. District Court for the District of Columbia, a Nevada man says that Fannie Mae illegally inquired into his consumer credit information.

According to the complaint in Bailey v. Federal National Mortgage Association (“Fannie Mae”), Plaintiff had a home mortgage that was transferred to Fannie Mae.  Plaintiff…

On June 17, 2016, the Consumer Financial Protection Bureau (“CFPB”) announced changes to the dollar amount thresholds for certain consumer credit transactions under the Truth in Lending Act (“TILA”). According to the notice submitted to the Federal Register, these new thresholds could affect minimum interest charges and safe harbor penalty fees under the Credit Card…