The Sixth Circuit recently affirmed a district court’s decision that the Fair Credit Reporting Act’s statute of limitations commences upon the discovery of facts giving rise to a violation in Rocheleau v. Elder Living Construction, LLC.    

In the underlying suit, Plaintiff Richard Rocheleau alleged that Defendants Elder Living Construction, LLC and First Advantage LSN …

Judge Beth Labson Freeman for the United States District Court for the Northern District of California recently joined numerous other courts across the country in staying a putative FCRA class action pending the outcome of the Supreme Court’s decision in Spokeo Inc. v. Robins.

The underlying action in the California court challenged the defendant’s…

The Consumer Financial Protection Bureau recently issued its annual Fair Debt Collection Practices Act (“FDCPA”) report, which provides a comprehensive overview of both the CFPB’s and Federal Trade Commission’s enforcement efforts throughout 2015.  The report specifically provides a background of the debt collection market, an overview of consumer complaints, a description of the CFPB’s…

On March 21, the Federal Trade Commission issued a warning that portfolios of alleged payday loan debts serviced by AMG Services are bogus.  The alleged lenders – USFastCash, 500FastCash, OneClickCash, Ameriloan, United Cash Loans, AdvantageCashServices, and StarCash Processing – never authorized, assigned, or sold any of their loans for third-party collection.  Consumers may not even…

On March 16, Massachusetts Attorney General Maura Healey announced a $7.4 million settlement with two national auto lenders, American Credit Acceptance LLC (“ACA”) and Westlake Services LLC (“Westlake”).  The settlement resolves claims against the lenders that they charged excessive interest rates on subprime automotive loans.  ACA settled for $1.7 million, and Westlake for $5.7 million.  …

A proposed class action against Dave & Buster’s Inc., accusing the restaurant and entertainment chain of violating the Fair Credit Reporting Act by using background checks to make adverse employment decisions without sharing the results with employees or applicants, was dismissed with prejudice after the parties submitted a joint stipulation for dismissal.  The suit was…

A federal judge recently dismissed a plaintiff’s Telephone Consumer Protection Act (“TCPA”) claim, holding that the consumer had given prior express consent to be contacted by her creditor’s collection agents regarding the underlying credit card debt.

Ashley Schwartz-Earp provided her cell phone number to a JC Penney cashier as part of a store credit card…

Join Troutman Sanders partner Chad Fuller for the American Conference Institute’s 25th National Forum on Consumer Finance Class Action & Litigation at the Omni Los Angeles Hotel at California Plaza on April 7-8.

The American Conference Institute has assembled an unparalleled faculty of federal and state regulatory and enforcement officials, senior in-house counsel, renowned…

In 2015, Congress amended the Telephone Consumer Protection Act to create an exemption to the statute’s autodialer restrictions for calls made solely to collect a debt owed to or guaranteed by the United States.  On March 31, the United States District Court for the Northern District of California gave this amendment retroactive effect, to the…