On April 21, the United States District Court for the District of Columbia held that the Consumer Financial Protection Bureau exceeded its authority when it issued a Civil Investigative Demand (“CID”) to the Accrediting Council for Independent Colleges and Schools (“ACICS”), an accreditor of for-profit colleges.  Notably, this is the first time that the …

We are pleased to announce that Troutman Sanders attorneys David Anthony, Ashley Taylor, Paige Fitzgerald, and Laura Anne Kuykendall published a survey through Thomson Reuters which focuses on consumer financial regulation issues for the Commonwealth of Virginia.  The survey is formatted as a question and answer guide, and addresses state-specific laws governing…

On May 20, PayPal entered into an Assurance of Voluntary Compliance (AVC) with the Texas Attorney General over allegations that it failed to clearly explain how the personal information belonging to users of its Venmo mobile payment application would be used and with whom it would be shared.

The AVC stems from Texas Attorney General…

On May 23, a California federal judge issued a written tentative ruling indicating that she would likely approve AutoZone, Inc.’s agreement to pay $5.7 million to settle claims that the company illegally ran credit checks on 200,000 prospective employees.   

In September 2014, two individuals filed suit on behalf of a class against AutoZone in the …

We are pleased to announce that Troutman Sanders partner Keith Barnett will be a featured speaker during a live webinar entitled “Best Practices for Banks in Third-Party Payment Processing” on Thursday, June 9 at 2:00 p.m. EDT.

Banks with third-party payment processor (TPPP) customers have received a great deal of regulatory scrutiny over the past…

In Just v. Target Corporation, the plaintiff alleged that Target willfully violated the Fair Credit Reporting Act by providing him with a background check disclosure form that did not consist “solely of the disclosure” that a background check would be obtained.  In a victory for employers, the court dismissed the plaintiff’s allegations at the…

Citing the Supreme Court’s recent decision in Spokeo, Inc. v. Robins, a Maryland District Court judge remanded a putative data breach class action for lack of Article III standing and subject matter jurisdiction.  The opinion serves as an early indication of the added hurdles facing prospective data breach class action plaintiffs under Spokeo.

Plaintiff …

On May 20, the FTC approved its final order resolving its Complaint against Henry Schein Practice Solutions, Inc. (“Schein”), which came after the expiration of a public comment period.  Schein is a provider of office management software for dental practices. 

The FTC’s Complaint alleged that Schein misrepresented the encryption capabilities of its Dentrix G5 …

The Federal Trade Commission, Connecticut, and Pennsylvania have added three new defendants and new charges in a case pending in the United States District Court for the Eastern District of Pennsylvania, alleging that the defendants deceived consumers into buying unneeded tech support services.  According to the amended complaint, the defendants allegedly pretended to represent…

Twice a year, federal agencies must update and release their regulatory agendas for the current year.  The agendas track agency actions through the phases of federal rulemaking, which often takes months (if not years), and provide insight into an agency’s plans.  On May 18, the Consumer Financial Protection Bureau released its Spring 2016 rulemaking agenda.…