On May 18, the Consumer Financial Protection Bureau issued a 24-page report regarding consumer usage and default patterns for vehicle title loans. Such loans are made to borrowers who sign over their car titles as collateral, and are commonly made to individuals with poor credit histories in need of fast cash. Although the borrower retains
Seventh Circuit Rules Debt Collectors Do Not Violate FDCPA By Dismissing Lawsuits Prior to Trial
On May 19, the Seventh Circuit Court of Appeals ruled that debt collectors who filed collection lawsuits and then dismissed them prior to trial did not violate the Fair Debt Collection Practices Act.
Section 1692e(5) of the FDCPA prohibits debt collectors from using a false, deceptive, or misleading representation to threaten to take an action…
Illinois Appellate Court Rejects Coverage for Blast-Fax Class Action Under the TCPA
On May 18, 2016, in First Mercury Insurance Company v. Nationwide Security Services, Inc. et al., the First District of the Illinois Appellate Court affirmed the Circuit Court of Cook County’s ruling of no coverage after the insured settled a “Blast-Fax” class action lawsuit brought under the Telephone Consumer Protection Act. The TCPA provides…
Federal Housing Administration Proposes Rule for its Reverse Mortgage Program
On May 19, 2016, the Federal Housing Administration proposed a rule that would codify several changes to FHA’s Home Equity Conversion Mortgage (HECM) program that were previously issued under the authority granted to HUD in the Housing and Economic Recovery Act of 2008 and the Reverse Mortgage Stabilization Act of 2013. The proposed rule would…
Join Us for a Troutman Sanders Webinar: A Year in Review – TCPA Developments since the FCC’s Landmark Declaratory Ruling
Join Troutman Sanders partners Alan Wingfield and Chad Fuller, and associate Virginia Flynn for a webinar entitled, “A Year in Review – TCPA Developments since the FCC’s Landmark Declaratory Ruling,” on Tuesday, June 7, from 12:00-1:00 p.m. EDT.
The Federal Communications Commission’s landmark July 10, 2015 Declaratory Ruling interpreting the Telephone Consumer Protection Act…
Supreme Court Rejects Claim That Collection Letters on Attorney General’s Letterhead Sent By Private Debt Collection Attorneys Misled Borrowers
On May 16, 2016, a unanimous U.S. Supreme Court ruled that private attorneys hired by states to collect back taxes and other debts did not mislead investors by sending collection letters to borrowers using the state Attorney General’s letterhead. The Court found that the attorneys were acting as agents of the Attorney General and, therefore,…
U.S. Supreme Court Remands Spokeo in Ruling that Mere Technical, Statutory Violation Is Insufficient to Confer Article III Standing
On May 16, 2016, the Supreme Court of the United States issued its much-anticipated decision in Spokeo, Inc. v. Robins. Spokeo considered whether Congress may confer Article III standing by authorizing a private right of action based on the violation of a federal statute alone, despite a plaintiff having suffered no “real world” harm.…
Debt Collector Pays $72,000 to Settle FCRA Charges
On May 9, the Federal Trade Commission announced that the debt collection agency Credit Protection Association will pay $72,000 to settle charges that the company violated the Fair Credit Reporting Act (“FCRA”). This case is part of “Operation Collection Protection,” a program the FTC describes as “an ongoing federal, state and …
Join Us for the ISSA Summit in LA on May 20
We are pleased to announce that Troutman Sanders partner Ronald Raether will be a featured speaker at the Eighth Annual Information Security Summit hosted by the Los Angeles Chapter of the Information Systems Security Association (ISSA) at the Universal City Hilton. Ron will speak on a panel entitled “Privacy vs. Security; Apple and the FBI” …
Join Us for the NetDiligence Cyber Risk & Privacy Liability Forum
We are pleased to announce that Troutman Sanders partner Ronald Raether will be a featured speaker at the NetDiligence Cyber Risk & Privacy Liability Forum taking place in Philadelphia on June 7-8.
Ron will moderate a panel entitled “Lessons Learned from 10 Years of Litigation” on Tuesday, June 7 at 11:30 a.m. The panelists will …