The Federal Trade Commission announced today that it had agreed to settle charges against Capital Payments LLC (now known as Bluefin Payment Systems, LLC), for its alleged involvement with The Tax Club, a group of entities engaged in fraudulently telemarketing development services, including business formation, counseling, credit development, and marketing to individuals seeking to establish
Join Us for ACI’s Data Breach & Privacy Litigation and Enforcement Conference
We are pleased to announce that Troutman Sanders partner David Anthony will be a featured speaker at the American Conference Institute’s Data Breach & Privacy Litigation and Enforcement Conference at the Union League in Philadelphia March 17-19, 2016.
David will be a featured speaker on a panel entitled “Business to Business Claims: Vendor Lawsuits; …
Defense Win on Class Certification in FDCPA Case
Troutman Sanders would like to share the attached favorable decision from the Eastern District of Virginia on behalf of its client, Portfolio Recovery Associates (“PRA”). The district court recently denied plaintiff’s motion for class certification in a case alleging that PRA violated the Fair Debt Collection Practices Act by sending debt …
Is Dodd-Frank Doing More Harm Than Good?
The 2010 financial reform law, known as the Dodd-Frank Act, has led to a 14.5 percent cut in consumer revolving credit since its enactment, says the American Action Forum. Based on the AAF’s latest research, consumer credit access is taking a substantial hit as a result of the $30 billion in regulatory costs and 72 …
Fifth Circuit Establishes Presumption in Favor of Federal Jurisdiction in CAFA Cases
The Fifth Circuit recently adopted a presumption in favor of retaining federal jurisdiction under the Class Action Fairness Act (“CAFA”) and placing the burden squarely on plaintiffs who seek to remand a case based on one of CAFA’s limited exceptions. Specifically, the Court held that “[i]f the applicability of an exception …
First 2016 CFPB Bulletin Reinforces Focus on Furnishers
I. Background
On February 3, 2016, the Consumer Financial Protection Bureau (CFPB) issued a bulletin warning companies that furnish information on consumers to consumer reporting agencies (CRAs) yet again of the need to have adequate policies and procedures. This bulletin makes clear that any company that supplies information to CRAs is in an area of…
Join Us for the RSA Conference – Where the World Talks Security
We are pleased to announce that Troutman Sanders partner Ron Raether will be a featured panelist at the 2016 USA RSA Conference at the Moscone Center in San Francisco. Ron will participate on a panel entitled “Data Breach Litigation: How to Avoid It and Be Better Prepared for Defense” on Thursday, March 3 from 11:30…
Join Us for an Information Systems Security Association Webinar on February 5
We are pleased to announce that Troutman Sanders Partner Ron Raether will be a featured speaker during a live webinar, entitled, “Why are Transnational Criminal Enterprises Targeting the Financial Services Sector and is My Organization Prepared or are We the Next Victim?,” hosted by the Information Systems Security Association (ISSA) Financial Special Interest Group. The …
Fourth Circuit: Arbitration Agreements Cannot Renounce Application of Federal Law
On February 2, the Fourth Circuit held that an arbitration agreement “may not flatly and categorically renounce the authority of the federal statutes to which it is and must remain subject.” Because the arbitration agreement at issue sought to “avoid state and federal law and to game the entire system,” the three-judge panel concluded that …
CFPB Sends Letters on Checking Account-Access Issues
On February 3, the Consumer Financial Protection Bureau announced that it is taking steps to help consumers get better access to checking accounts. The CFPB has “concerns that consumers are being sidelined by the lack of account options and by inaccurate information used to screen potential customers.” Towards that end, the CFPB sent …