On July 14, a federal judge in Atlanta denied Frederick J. Hanna & Associates’ motion to dismiss in Consumer Financial Protection Bureau v. Frederick J. Hanna & Associates PC, which the CFPB filed against the law firm arising out of alleged violations of the Fair Debt Collection Practices Act and Consumer Financial Protection Act.
Congress Trying Again To Reform or Eliminate the CFPB
On July 22, the Senate Appropriations Subcommittee on Financial Services and General Government approved a spending bill for the 2016 fiscal year that would change the Consumer Financial Protection Bureau’s (CFPB) leadership structure by replacing the CFPB director with a five-member commission.
The bill also would bring funding for the CFPB’s budget under the annual
Eleventh Circuit Reinstates Class Action in Federal Court Notwithstanding State Prohibition On Class Actions Under The Statute At Issue
Although most states have consumer protection laws that provide for private rights of action, certain states also hold that such remedies cannot be invoked and pursued on behalf of a class. However, when such a case is filed in federal court, such state-based restrictions conflict with the class action mechanism that is set forth under
Eleventh Circuit Holds That the FDCPA Applies to Statement Made In Court Documents Directed to a Consumer’s Attorney
On June 30, in Miljkovic v. Shafritz and Dinkin, P.A., the United States Court of Appeals for the Eleventh Circuit held in a case of first impression that representations made by an attorney in court filings during the course of debt-collection litigation are actionable under the Fair Debt Collection Practices Act (“FDCPA”) but that
Seventh Circuit Finds Plaintiffs Have Standing in Neiman Marcus Data Breach Suit
On July 20, the Seventh Circuit Court of Appeals ruled that a group of plaintiffs who sued Neiman Marcus over the theft of their credit card information in a data security breach had standing to sue for fraudulent charges, as well as fraud-prevention expenses and credit monitoring. The appellate court reversed a prior decision from
CFPB Director Cordray Defends Consumer Data Collection Practice
On Wednesday, July 15, CFPB Director Richard Cordray assured the Senate Banking, Housing and Urban Affairs Committee, as well as the public, that data collected by the CFPB could not be used to personally identify any consumer. A September report by the U.S. Government Accountability Office found that the CFPB collects information on 700,000 car
Troutman Sanders Welcomes Keith Barnett
Troutman Sanders LLP announced that Keith J. Barnett has joined the firm’s Government Investigations, Compliance and Enforcement Practice as a partner in the Atlanta office. He joins the firm from Sutherland Asbill & Brennan.
Keith is a seasoned compliance and government enforcement lawyer with more than a decade of experience representing clients before government regulators,
Judge Denies Law Firm’s Motion to Dismiss Debt Collection Lawsuit Filed by CFPB
On July 14, 2015, a federal judge in Atlanta denied a law firm’s Motion to Dismiss a claim against it filed by the Consumer Financial Protection Bureau (“CFPB”) for violations of the Fair Debt Collection Practices Act (“FDCPA”) and the Consumer Financial Protection Act or the Dodd-Frank Act (“Dodd-Frank”).
The CFPB filed suit against a
CUNA Calls for Additional Oversight of CFPB
Representatives from the Credit Union National Association (CUNA) addressed the Senate Banking Committee on July 14 in advance of the Committee’s July 15 Hearing with Director Richard Cordray of the Consumer Financial Protection Bureau (CFPB).
CUNA representatives recommended that Congress clarify and expand the CFPB’s exemption authority. This would permit the CFPB to further exempt
Director Cordray Comments on Ability-to-Repay, TRID, and Credit Cards
On July 15, Consumer Financial Protection Bureau (“CFPB”) Director Richard Cordray provided insightful testimony on a number of subjects in an appearance before the Senate Banking Committee. During the question-and-answer session, Cordray indicated that the CFPB will be revisiting the income-verification standards of the Ability-to-Repay Rule at some point in the near term. He commented