The New York City Human Rights Law (the “NYCHRL”) prohibits discrimination in employment, public accommodations, and housing. It also prohibits discriminatory harassment and bias-based profiling by law enforcement. The NYCHRL, pursuant to the 2005 Civil Rights Restoration Act, must be construed “independently from similar or identical provisions of New York state or federal statutes” such
FCC Releases Proposed Rule Requiring Internet Service Providers to Comply with New Privacy Obligations
On April 1, the Federal Communications Commission issued a notice of proposed rulemaking (“NPRM”) that would require Internet service providers (“ISPs”) to clearly disclose how customer data is being used, take reasonable steps to protect that information, and notify affected customers within 10 days of discovering a data breach. The NPRM — formally approved by
CFPB Budget Reform Approved By House Financial Services Committee
On April 13, the House Financial Services Committee approved a bill by a 33-20 vote that is intended to end direct funding of the CFPB by the Federal Reserve and require the Bureau to be subject to the regular congressional appropriations process. This Committee joins others in approving similar measures that would institute a variety
Join Us for Our Consumer Financial Services Webinar Series Beginning May 3
Troutman Sanders is proud to announce its Consumer Financial Services Webinar Series beginning on May 3. Speakers throughout this webinar series will address cybersecurity and data privacy, the Telephone Consumer Protection Act (“TCPA”), the Fair Credit Reporting Act (“FCRA”), the Fair Debt Collection Practices Act (“FDCPA”), mortgage lending and servicing, and other related consumer finance
Summary Judgment Granted Against Debt Collector in FTC Action
On April 7, the United States District Court for the Eastern District of Texas granted the government’s motion for summary judgment against a Texas-based third party debt collector, Commercial Recovery Systems, Inc. (“CRS”) and its president, Timothy Ford.
As previously reported, the Department of Justice, on behalf of the Federal Trade Commission, filed a
Continuing Impact of Campbell Ewald v. Gomez: Does Payment of Plaintiff’s Claim End Lawsuits?
In Leyse v. LifeTime Entertainment Services LLC, the district court for the Southern District of New York recently granted a defendant’s motion to enter judgment on behalf of the plaintiff upon tender to the Clerk of Court of all offered monetary damages and costs.
Plaintiff Mark Leyse brought a putative class action suit against
2016 Spring Update on U.S.-EU Privacy Shield Program
Although it has been almost five months now since the United States-European Union Safe Harbor program was held invalid by a European Court, no clear solution is in immediate sight. Although a new “Privacy Shield” program was announced, whether the provisions as currently “agreed” will survive European ratification remains to be seen.
Nonetheless, it is
Florida Federal Court Weighs In on TCPA and FDCPA Case
On April 6, the United States District Court for the Middle District of Florida issued a ruling on cross-motions for summary judgment in a case involving both Telephone Consumer Protection Act (“TCPA”) claims and Fair Debt Collection Practices Act (“FDCPA”) claims.
In McCaskill v. Navient Solutions, Inc., Defendant Navient Solutions, Inc., a student loan
FTC Approves Final Order in Java Security Update Case
As we previously reported, in December 2015, the FTC settled claims against Oracle that the company deceived consumers about security updates on Oracle’s Java Platform, Standard Edition software (Java SE). The FTC’s complaint specifically alleged that, as Oracle rolled out updates to users, the software only updated the most recent version persisting on the
Second Circuit Says Debt Collectors Must Disclose Potential Interest and Fees
On March 22, the United States Court of Appeals for the Second Circuit vacated a district court’s dismissal of a Fair Debt Collection Practices Act (“FDCPA”) complaint, finding instead that the plaintiffs had adequately stated a claim for relief under Section 1692e of the FDCPA.
In Avila v. Riexinger & Associates, LLC, Plaintiffs both