In another example of the continuing increase in background screening-related class actions, a national restaurant chain was on the receiving end of a class action lawsuit. In the nationwide class action, filed in the Central District of California, the plaintiff claims the restaurant violated the Fair Credit Reporting Act (FCRA) by failing to provide an
Two Speeches in Three Days: Protecting Privacy and Consumer Data in the Digital Age is FTC Priority
Federal Trade Commissioner Julie Brill promoted the FTC’s role as the nation’s leading consumer protection and privacy agency with respect to Internet, social media, and smartphone technology in two recent speeches occurring over a three–day span. In both speeches, Brill referenced and reiterated the FTC’s concerns regarding data collection, the interface of …
Join us at the American Conference Institute’s Inaugural Consumer Lending Regulatory Compliance Forum
Lessons Learned and Best Practices in an Era of Heightened Government Scrutiny for the Industry October 29-30, 2015 – The Carlton Hotel – New York City We are pleased to announce that David N. Anthony, Partner at Troutman Sanders, will present “Protection of Consumer Financial Information Including Consumer Financial Privacy (FCRA and GLBA) Plus…
Debt-Relief Scheme Cost Consumers $67 Million in Illegal Fees
On September 2, the United States District Court of the Southern District of Florida granted multiple motions for temporary restraining orders (TROs) by the Consumer Financial Protection Bureau in the matter of Consumer Financial Protection Bureau v. Orion Processing, LLC, Bradley James Haskins, World Law Debt Services, LLC, and World Law Processing, LLC. The CFPB …
ABA 2015 Legal Technology Survey: Security Breaches at Law Firms on the Rise
The American Bar Association released its 2015 Legal Technology Survey last week with one of the main takeaways being that companies and their law firm partners need closer cooperation to improve information security.
It is required by GLBA, PCI DSS (Payment Card Industry Data Security Standards), HIPAA, and most recognized security standards, namely that covered…
Next Generation Artificial Intelligence System Marks the Shift from Big Data to “Gargantuan” Data
On September 24, IBM presented new capabilities of Watson – its artificial intelligence system – related to the interpretation of the increasingly vast amount of data available on consumer and business activities. Watson, best known for its 2011 Jeopardy! victory against two of the game show’s previous champions, consists of an artificial intelligence system …
District Court Hangs Up on Motion to Stay TCPA Action Pending Challenge to FCC’s Order
On July 10, the Federal Communications Commission issued an omnibus order laying out its interpretation of numerous provisions of the Telephone Consumer Protection Act. The reach and expanse of this Order promises to change the landscape of TCPA litigation for years to come. As a general matter, the FCC took a broad view of the…
Rhode Island Federal Court Holds that Use of Local Area Code Phone Numbers by Out-of-State Debt Collector Does Not Violate the FDCPA
On September 21, the United States District Court for the District of Rhode Island held that an out-of-state debt collector did not violate the Fair Debt Collection Practices Act when it called the debtor using two phone numbers with a local area code.
In Bien v. Stellar Recovery, Inc., Plaintiff argued that Stellar’s practice…
CFPB Rolls Out Online Tools to Explain New Mortgage Disclosure Forms
Effective October 3, instead of providing consumers with Truth in Lending disclosures, Good Faith Estimates, and HUD-1 Settlement Statements, mortgage lenders must provide potential homebuyers with two new forms: a Loan Estimate and Closing Disclosure.
To help consumers understand the new “Know Before You Owe” mortgage forms, the Consumer Financial Protection Bureau has released …
House Financial Services Committee to Vote This Week on Bills to Reform the CFPB
The House Financial Services Committee is expected to vote Wednesday on bills to replace the Consumer Financial Protection Bureau’s sole director with a bipartisan, five-member commission (H.R. 1266) and require Senate confirmation for the CFPB’s inspector general (H.R. 957).
As we discussed here, The Financial Product Safety Commission Act (H.R. 1266), introduced on March…