In Bock v. Pressler & Pressler, LLP, the U.S. Court of Appeals for the Third Circuit requested supplemental briefs applying Spokeo, Inc. v. Robins to the Article III standing issue at bar. As we previously reported, the Court requested targeted discussion on whether a violation of the statutory right at issue was by
FTC Gets $27 Million Settlement and Continues Trend of Targeting Tech Support Scammers
The Federal Trade Commission (“FTC”) and Florida have settled charges against Vast Tech Support LLC, OMG Tech Help, their founder and COO Mark Donohue, and related companies regarding claims of deceptive marketing of computer software and tech support services. The settlement continues the FTC’s trend of enforcement actions that target scammers who scare consumers into…
Debt Collector Required to Disclose that Disputes Must be “In Writing,” Says the Eleventh Circuit
In Bishop v. Ross Earle & Bonan, P.A., the defendant debt collectors sent a debt collection letter to the plaintiff’s attorney. The letter failed to inform the plaintiff that she must dispute the debt “in writing,” as required by § 1692g of the Fair Debt Collection Practices Act (“FDCPA”). The plaintiff filed suit against…
Third Circuit Set to Address Spokeo in FDCPA Case
Before the Third Circuit addresses whether a four-second review of a debt collection complaint constitutes “meaningful attorney involvement” under the Fair Debt Collection Practices Act (FDCPA), the appellate court will first decide the potential implications of the Supreme Court’s recent decision in Spokeo, Inc. v. Robins.
As we previously reported, Pressler & Pressler…
City of Brotherly Love has Little Love for Employment Credit Checks
Earlier this month, the Mayor of Philadelphia signed legislation regulating the use of credit checks in employment decisions. By enacting this legislation, Philadelphia joins a growing cast of cities and states throughout the country prohibiting employment credit checks in certain instances. When coupled with recent federal Equal Employment Opportunity Commission enforcement actions against employers based…
Arkansas Attorney General Announces Settlement with Online Payday Lender
On June 24, 2016, Arkansas Attorney General Leslie Rutledge announced a settlement agreement with payday lender, Western Sky Financial LLC, and loan servicer, CashCall Inc., to resolve allegations that the companies conspired to offer illegal online loans to Arkansas consumers while claiming to be shielded by tribal sovereign immunity.
According to the Arkansas Attorney General,…
House Bill Introduced Requiring Changes to CFPB Complaint Database
On June 9, Representative Matt Salmon (R-AZ) introduced legislation to impose new requirements on how the Consumer Financial Protection Bureau makes consumer complaints public in the Consumer Complaint Database. According to Salmon, the Consumer Financial Protection Bureau (“CFPB”) Data Accountability Act “would improve the current database by requiring the CFPB to verify the…
Join Us for the ACI Consumer Finance Class Actions & Litigation Conference in Chicago
We are pleased to announce that Troutman Sanders partner John Lynch will be a featured speaker at the American Conference Institute’s 26th National Conference on Consumer Finance Class Actions & Litigation on July 29, 2016 at the Omni Chicago Hotel.
John will participate in a panel entitled, “The Telephone Consumer Protection Act (TCPA): Litigation…
CFPB Issues Update to Its Supervision and Examination Manual
On June 22, 2016, the Consumer Financial Protection Bureau (“CFPB”) issued its third update to its exam procedures for mortgage servicers. In its press release, the CFPB stated that mortgage servicers should “note a greater emphasis” on complaint handling, responses to requests by borrowers, and fair lending issues. According to the CFPB, the update…
CFPB Releases “Know Before You Owe” Guide for Auto Purchases
The Consumer Financial Protection Bureau (“CFPB”) has released an “auto loan shopping sheet” and other online resources as part of its “Know Before You Owe” initiative, which aims to assist consumers with comparison shopping and financing auto purchases. The initiative “walks consumers through each step of the auto finance process to help them…