On April 25, the Consumer Financial Protection Bureau entered into consent orders with the debt collection law firm Pressler & Pressler, LLC, two principal partners, and New Century Financial Services, Inc., a debt buyer, for the defendants’ alleged violations of the Fair Debt Collection Practices Act. The consent orders require Pressler and the
FTC Takes Action Against Deceptive Marketing
According to the FTC’s complaint filed in October 2014, Health Formulas, LLC and its related entities and principals used telemarketing, the Internet, and print, radio, and television advertisements to deceptively pitch a variety of dietary supplements and health products. The FTC claimed that Health Formulas tricked consumers into disclosing their credit and debit card
Verizon Enterprise Publishes Data Breach Report
A recently published 2016 Data Breach Investigations Report by Verizon Enterprise reports that cybercriminals are continuing to exploit human nature as they rely on familiar attack patterns such as phishing, and increase their reliance on ransomware, where data is encrypted and a ransom is demanded in return for release of the encrypted data. The report,
Fourth Circuit Holds Data Incident Covered by Insurance Policy
The United States Court of Appeals for the Fourth Circuit recently affirmed a district court order, holding that a company’s allegedly improper disclosure of personal information was covered by its general liability policy even though no third parties accessed the data.
In the underlying action, plaintiffs alleged that medical records company Portal Healthcare negligently failed
Supreme Court Deems Statistical Evidence Admissible in Class Action
In March, the Supreme Court, in a 6-2 decision, held in Tyson Foods, Inc. v. Bouaphekeo that the district court did not err in certifying and maintaining a class of employees who alleged violations of the Fair Labor Standards Act, notwithstanding the employees’ reliance on “representative evidence” to determine the number of additional hours
Maryland Legislature Passes Bill Preventing Revival or Extension of Statute of Limitations for Debt Collection Based on Consumer Complaint
In April, the Maryland General Assembly approved legislation on consumer debt collection that addresses how statutes of limitation may be calculated against consumers.
Senate Bill 771, which addresses certain “debt buyers” and “debt collectors,” provides that “certain actions may not revive or extend a certain statute of limitations prohibiting a debt buyer or a certain
District Court Denies Motion for Class Certification Under FCRA
In Jones v. Sterling Infosystems, 1:14cv3076 (S.D.N.Y. 2016), the district court recently denied class certification against a background screening company that was alleged to have violated 15 U.S.C. § 1681k(a) by not sending out the notice envisioned under § 1681k(a)(1) at the time that criminal record information was transmitted to employers.
The court denied
Join Troutman Sanders at the Third Party Payment Processors Annual Conference in Atlanta
We are pleased to announce that Troutman Sanders partners Keith Barnett and Ashley Taylor will be featured speakers at the 2016 Third Party Payment Processors Association (“TPPPA”) Annual Conference taking place June 14-16 at the Bank of America Plaza in Atlanta. Keith and Ashley will participate in a panel to address the current legal landscape
Join Us for “Class Actions 101: The Rules, Certification, Settlement, and the Court”
We are pleased to announce that Troutman Sanders partner David Anthony will be a featured speaker at the Richmond Bar Association CLE presentation titled “Class Actions 101: The Rules, Certification, Settlement, and the Court” on Tuesday, May 24 from 4:00 to 6:00 p.m.
The speakers will cover the important “nuts and bolts” of the
Court Rejects Plaintiff’s FCRA Claims on Summary Judgment
In Ritchie v. Northern Leasing Systems, Plaintiff alleged twelve “myriad causes of action” ranging from civil RICO claims to federal fair credit statutes arising from Plaintiff’s lease of certain business equipment from Defendants. Plaintiff Patricia Ritchie applied for credit card processing services and a credit card machine for her business through a company called