According to a Supreme Court amicus brief filed last month by the Consumer Financial Protection Bureau, consumers who are required to guarantee their spouses’ credit applications are themselves credit applicants who are protected from discrimination under the Equal Credit Opportunity Act and Regulation B.
The CFPB claims that courts should defer to Regulation B’s “reasonable”
Authored by D. Kyle Deak
Today the Consumer Financial Protection Bureau released the results of a study on reverse mortgage advertisements. The study was based upon personal interviews conducted in November and December 2014 with 59 homeowners aged 62 or older in Chicago, Los Angeles, and Washington, D.C. concerning 97 print, radio, online, and television
On June 1, the Connecticut legislature passed a bill that would require businesses exposed to a data breach to notify victims within 90 days of the breach. The bill would also require businesses to provide victims with one year of identity-theft protection if their Social Security number is compromised. Senate Bill 949, An Act
On June 1, 2015, the Independent Community Bankers of America (“ICBA”) heavily criticized the CFPB’s decision to lodge information requests to data processing firms regarding checking account overdraft fees, particularly because of their alleged high costs and unwarranted breadth. The requests are targeted at information on community bank and credit union overdraft plans and seek
In Moore v. Rite Aid Headquarters, the District Court for the Eastern District of Pennsylvania ruled that the plaintiff had stated a plausible employment adverse action claim under the Fair Credit Reporting Act. In doing so, the Court’s decision raises questions about a widely accepted safe harbor of mailing pre-adverse and adverse action notices
A putative nationwide class action was recently filed under the Fair Credit Reporting Act against Dollar Tree Stores Inc. The lawsuit was filed in federal district court in Florida.
The complaint alleges that Dollar Tree failed to properly disclose in a separate document that it was going to obtain employees’ consumer reports for hiring purposes
In a matter of first impression, a New Jersey appellate court found that whether a class is ascertainable – a factor that is commonly analyzed in federal court – played no role in its consideration of a “low-value” consumer class action. In Daniels v. Hollister Co., the court determined that ascertainability is not
Federal courts in New York and Georgia have granted the Federal Trade Commission’s request to temporarily stop certain debt collection practices that the FTC alleges violate federal law. Specifically, the FTC alleges that the unlawful and scandalous activity includes threatening and deceiving consumers through text messages, emails, and certain types of phone calls.
On May
A growing avalanche of lawsuits under the Telephone Consumer Protection Act spurred industry groups and businesses, particularly financial services companies, to file more than 20 petitions with the Federal Communications Commission seeking clarifications and interpretations of the TCPA’s requirements. An announcement by FCC Chairman Tom Wheeler indicates that the Commissioners will be acting on the
Attorneys general from twenty-two states today announced that Classmates, Inc. which runs the website classmates.com, and Florists Transworld Delivery, Inc. and FTD.com, Inc. (collectively, “FTD”) have agreed to settle allegations that the companies were involved in misleading, unfair, and deceptive trade practices. Although FTD and Classmates did not admit to wrongdoing, they agreed to pay