When the Consumer Financial Protection Bureau refused to allow an attorney to attend an investigational hearing held in connection with several Civil Investigative Demands (CIDs) issued by the CFPB, the subjects of the investigation filed suit against the CFPB, along with a motion to seal the case.  Although the subjects voluntarily dismissed their complaint, the …

On December 17, in addressing an issue of first impression, the United States District Court for the Eastern District of Pennsylvania held that a letter sent by a loan servicer under the Servicemembers Civil Relief Act (“SCRA”) to a borrower in default was not subject to the Fair Debt Collection Practices …

In Lagos v. The Leland Stanford Junior University, the plaintiff alleged the defendant’s background check disclosure violated the Fair Credit Reporting Act because it included notices regarding background checks required under state law.  The court declined to dismiss the Plaintiff’s claim at the pleading stage, finding the existence of these state law notices could…

Last week, Ohio Governor John Kasich signed into law a bill that will bar public employers from including on job applications questions concerning an applicant’s criminal background for public sector jobs.

Earlier this month, the Ohio Senate voted overwhelmingly, on a 32-1 vote, to “ban the box” for public sector jobs.  In late September, the…

Following the Seventh Circuit’s holding that the named plaintiffs had standing to sue, Neiman Marcus has renewed its motion to dismiss the putative class action stemming from a 2013 data breach that compromised the credit card numbers of 350,000 shoppers, arguing that the plaintiffs’ amended complaint fails to state a claim for relief.

Neiman Marcus…

“It would be hard to find a Federal agency where the gap between regulatory power and public accountability is greater,” stated Wayne Abernathy, Executive Vice President for Financial Institutions Policy and Regulatory Affairs at the American Bankers Association, during his testimony about the Consumer Financial Protection Bureau before the House Financial Services Subcommittee on Oversight…

Dish Network recently moved to stay a Fair Credit Reporting Act case against it in the Southern District of New York, arguing that the Supreme Court’s ruling in Spokeo Inc. v. Robins could control the outcome of the case.  Dish Network requested that the district court stay the class action brought by installation contractors who…

On December 22, the Federal Trade Commission announced a settlement of a pending lawsuit brought under the Telemarketing Sales Rule against participants in an alleged credit card “laundering” scheme.  According to the FTC’s complaint, PayBasics, Todd Hatch, and Jimmy Shin took an active role in helping the defendants behind the Tax Club fraud to open…