Join us at the Data Breach & Privacy Litigation Conference
February 11, 2016; The Julia Morgan Ballroom, 465 California Street, San Francisco

We are pleased to announce that Ronald Raether, partner at Troutman Sanders LLP, will speak at the 2016 Data Breach & Privacy Litigation Conference on Deflecting the Onslaught: Data Breach Litigation Defenses &…

Last month, Republican staff members on the Committee of Financial Services in the U.S. House of Representatives issued a Report criticizing tactics used by the Consumer Financial Protection Bureau in the auto finance area.  The Staff Report generally questions the CFPB’s disparate-impact claims under the Equal Credit Opportunity Act (“ECOA”) and the Bureau’s use of …

The stating of a representative’s personal name is immaterial to whether there is a meaningful disclosure of the caller’s identity as required by the Fair Debt Collection Practices Act , said the district court for the District of Oregon.  In Moore v. Account Control Technology, Inc., the court granted the defendant’s motion for summary …

A recent report from researchers at the Federal Reserve Bank of Philadelphia posits that creditors’ concerns about their reputations incentivize the outsourcing of debt collection to third-party debt collection agencies.  In the report titled “The Economics of Debt Collection: Enforcement of Consumer Credit Contracts,” authors Viktor Fedaseyeu and Robert Hunt developed a research model for…

On October 23, Judge Katherine Polk Failla of the Southern District of New York held that a fifty-character internal tracking number visible through the glassine window of the plaintiff’s collection letter envelope fell within the benign language exception and did not violate the Fair Debt Collection Practices Act.

In Gardner v. Credit Management LP,…

After a settlement involving claims against Sterling Infosystems, Inc. received final approval, Dish Network, LLC (Dish) continued to fight class certification against satellite television installers who have accused Dish of violating the Fair Credit Reporting Act (FCRA) regarding its use of background checks.

One of the claims asserted against Dish is that it did not…

As we previously reported, several legal challenges to the Federal Communications Commission’s July 10, 2015 order (the “FCC Order”) interpreting the Telephone Consumer Protection Act of 1991 (“TCPA”) were consolidated with the District of Columbia Circuit Court of Appeals as ACA International, et al. v. Federal Communications Commission et al.  The challengers believe the…

As we previously reported, the Bipartisan Budget Act of 2015, which was passed by Congress and signed by President Obama on November 2, amended the Telephone Consumer Protection Act of 1991.  The TCPA limits the usage of automatic telephone dialing systems and artificial/prerecorded messages.  The recent modification allowed an exception to TCPA restrictions for…

Section 612 of the Fair Credit Reporting Act (“FCRA”) provides consumers with the opportunity for a free disclosure of their file, with certain exceptions, during any 12-month period.  For file disclosures for which the FCRA allows consumer reporting agencies to charge, the statute sets the price of these disclosures at $8, subject to a yearly…

On November 24, 2015, the Consumer Financial Protection Bureau (CFPB) issued a Compliance Bulletin (2015-06), warning companies that they must ensure that consumer authorization is obtained before automatically debiting a consumer’s account and that required notifications to consumers must clearly describe the terms of the preauthorized electronic funds transfers (EFTs).

Importantly, for the first…