On March 11, 2015, a district court in the Eastern District of Virginia denied an employer’s motion for summary judgment in a Fair Credit Reporting Act case dealing with the inclusion of release language in a background check disclosure. Employers should review this decision carefully as the case law on this issue develops further.
In
On February 17, the District Court for the Northern District of Illinois in Telephone Science Corp. v. Trading Advantage LLC, et al. denied a motion to dismiss and a motion to compel discovery in an action alleging violations of the Telephone Consumer Protection Act. The interesting thing about the orders were not the denials themselves
The Consumer Financial Protection Bureau recently issued its Winter 2015 Supervisory Highlights report which provides an overview of the supervision work completed by the CFPB from July through December 2014. Matters resolved by the CFPB’s Supervision side are non-public in nature and are resolved, not generally through the payment of large fines and penalties, but
On March 2, the plaintiff’s counsel in Brown v. Delhaize America, LLC submitted an unopposed motion for preliminary approval, seeking Court approval of another Fair Credit Reporting Act class action settlement. Employers should treat this settlement as another reminder to verify their compliance with the FCRA.
According to the parties’ settlement paperwork, the Brown
The nation’s three leading Credit Reporting Agencies (“CRAs”) – Equifax, Experian, and TransUnion – announced on March 9 a National Consumer Assistance Plan that will enhance their ability to collect consumer information that is as complete and accurate as possible and will provide consumers more transparency and a better experience interacting with CRAs about their
On March 12, 2015, the Sixth Circuit Court of Appeals reversed a lower court’s decision to grant a motion for judgment on the pleadings in a putative class action alleging that a collection law firm violated the Fair Debt Collection Practices Act (FDCPA) by seeking attorneys’ fees from a consumer who defaulted on a credit
Following up on the failure in 2014 to implement changes to the CFPB through legislative action, on March 5, U.S. Rep. Sean Duffy (R-Wis.) reintroduced a package of bills seeking to make changes to the CFPB’s leadership structure, how data is collected from consumers, and more.
Representative Duffy is the Chairman of the House Financial
As anticipated, yesterday the CFPB announced the release of its report to Congress following the CFPB’s study of arbitration agreements in connection with offering or providing consumer financial products or services. According to the CFPB, the study’s results “indicat[e] that arbitration agreements restrict consumers’ relief for disputes with financial service providers by limiting class
On March 10, the CFPB will hold a field hearing on arbitration at 11 a.m. in Newark, New Jersey.
The event will include remarks by Richard Cordray, head of the Consumer Financial Protection Bureau, and will be held at the J. Harry Smith Lecture Hall at Essex Community College, 303 University Avenue. Tomorrow’s field hearing
On March 5, a judge in the United States District Court for the Southern District of New York rejected a plaintiff’s proposal to notify proposed class members of a Fair Labor Standards Act lawsuit filed by a group of former interns against Gawker via various social media platforms, including Reddit and Tumblr pages, LinkedIn, and