On September 4, the Oneida Tribe of Indians of Wisconsin won dismissal of a putative class action alleging that it printed expiration dates and more than the last five digits of credit cards on receipts at its retail stores. In Jeremy Meyers, et al. v. Oneida Tribe of Indians of Wisconsin (Civil Action No. 1:15-cv-00445,
Trade Groups’ Comment Letters Urge CFPB to Fix Complaint Database Before Trying to Normalize Data
In response to the CFPB’s request for information (RFI) regarding “best practices” for normalizing the data in the Consumer Complaint Database, issued on June 30, 2015, the American Bankers Association (ABA) submitted a comment letter that argues any efforts made by the CFPB to “normalize” data in its consumer complaints database – that is,
FCC Continues to Expand Its TCPA Reach with E-Faxes
On August 28, the Federal Communications Commission issued a declaratory ruling holding that electronic faxes or “e-faxes” are covered by the Telephone Consumer Protection Act and the Junk Fax Protection Act. E-faxes are communications that originate as a fax, but are converted to electronic files during transmission and received as attachments to emails. This ruling
California Federal Court Deals with Statute of Limitations for FCRA Claims in Background Screening Claims
In June, a former employee filed a class action complaint against Kohl’s Department Stores alleging violations of the Fair Credit Reporting Act (FCRA) and California’s Investigative Consumer Reporting Agencies Act (ICRAA) and Consumer Credit Reporting Agencies Act (CCRAA). Kohl’s filed a motion to dismiss, arguing that the claims were time-barred under the FCRA’s two-year
11th Circuit Holds Providing Number Equals Consent Under TCPA
In Murphy v. DCI Biologicals Orlando LLC, No. 14-10414, 2015 U.S. App. LEXIS 14632 (11th Cir. Aug. 20, 2015), the Eleventh Circuit Court of Appeals affirmed a district court’s dismissal of a proposed class action under the Telephone Consumer Protection Act, holding that the plaintiff consented to receive text messages when he provided his
Illinois Federal Court Holds Statements in Legal Pleadings Can Potentially Violate FDCPA
On August 4, the United States District Court for the Northern District of Illinois held that legal pleadings can violate the Fair Debt Collection Practices Act.
In Marquez, et al. v. Weinstein, Pinson, P.S., et al., the plaintiffs argued that a law firm and its client violated § 1692e of the FDCPA by including
Snapshot Reveals Numbers and Trends of Consumer Credit Reporting Complaints to CFPB
On August 25, the Consumer Financial Protection Bureau released its monthly consumer complaint snapshot, which included a focus on complaints regarding credit reporting. According to the snapshot, the CFPB has handled 105,000 credit reporting complaints, making them the third most popular type of complaint received by the CFPB. The CFPB received nearly 7,000 credit
DOD Issues New Data Breach Rules
The Department of Defense has published an interim rule in the Federal Register requiring government contractors and subcontractors to report a larger number of data breach incidents than had been previously required.
The rule specifically covers cyber incidents that have an “actual or potentially adverse effect” on a covered contractor information system, on covered defense
Florida Court Holds Substantial Compliance Is Sufficient for 30-Day Notice of Default
A Florida state court has weighed in on whether strict or substantial compliance is required when providing borrowers with a notice of default. In Green Tree Servicing, LLC v. Erin C. Milam et al., the Court has agreed with decisions from other states that a lender’s notice of default is sufficient when it substantially
California Appeals Court Revives California’s Investigative Consumer Reporting Agencies Act
The California Appeals Court overturned a Los Angeles Superior Court decision holding that California’s Investigative Consumer Reporting Agencies Act (ICRAA) was unconstitutionally vague because of its overlap with California’s Consumer Credit Reporting Agencies Act (CCRAA). Connor v. First Student, Inc., 2015 Cal. App. LEXIS 699 (Cal. App. 2d Dist. Aug. 14, 2015).
In the