On March 27, 2014, the Federal Communications Commission (“FCC”) issued two declaratory rulings regarding the definition of “prior express consent” under the Telephone Consumer Protection Act (“TCPA”). In the first ruling, Cargo Airline Association obtained an exemption under the TCPA’s “prior express consent” restriction on autodialed and prerecorded telephone calls and text messages to wireless
Earlier today a bipartisan bill was introduced into the US House of Representatives which would require the CFPB to create an advisory panel of small financial services companies similar to other boards the Bureau has created. The Bureau of Consumer Financial Protection Small Business Advisory Board Act, introduced by Rep. Robert Pittenger, R-N.C., and
On March 31, the CFPB released a Small Entity Compliance Guide for its integrated disclosure rule for the Truth in Lending (TILA) and Real Estate Settlement Acts (RESPA). The CFPB issued the final rule in November to integrate the initial and final mortgage loan disclosures under TILA and RESPA. The final rule appeared in the
Troutman Sanders’ lawyer David Anthony will be presenting at the upcoming American Conference Institute’s 18th National Forum on Consumer Finance Class Actions & Litigation. The conference will be held April 8-9, 2014 at the Westin Bonaventure Hotel &Suites in Los Angeles, CA. David will be presenting on , “CLASS ACTIONS: New and Emerging
In an annual report issued by the Consumer Financial Protection Bureau on Monday, March 31, 2014, the Bureau announced that it had received nearly double the number of consumer complaints in 2013 as compared to 2012. The report noted that 163,700 total complaints were brought to the Bureau’s attention in 2013, a jump from approximately
On Thursday, March 21, 2014, the Eastern District of Pennsylvania in Dominguez v. Yahoo!, Inc., held that Yahoo did not violate the Telephone Consumer Protection Act (TCPA) because Yahoo’s SMS system could not “randomly or sequentially generate telephone numbers.” The Dominquez court is the most recent to weigh in on one of the most
Missouri Attorney General Chris Koster recently announced a settlement with a business alleged to have improperly marketed limited-time extended warranty programs for vehicles. The AG stated that the settlement “highlights [his office’s] efforts to clean up the auto service contract industry in Missouri and protect consumers from future deceptive sales practices.”
According to the AG,
The Federal Trade Commission (FTC) continued “Operation Steer Clear” – a crackdown on deceptive advertising by automobile dealers – with a tenth settlement with a dealer accused of misrepresenting the terms of available consumer leases.
Courtesy Auto Group, Inc., a Massachusetts auto dealer, agreed to a proposed settlement with the FTC under which
As we have mentioned in previous posts, Operation Choke Point is a federal Financial Fraud Enforcement Task Force, created in 2009, including law enforcement and regulators from the Department of Justice, the Federal Trade Commission, and Federal Deposit Insurance Corporation. To attack financial fraud, the Task Force has been issuing subpoenas to banks for financial
This month, the Federal Trade Commission charged an Arkansas auto dealer, Abernathy Motor Company, and its two principals, with failing to display a “Buyers Guide” on used vehicles offered for sale, as required by the FTC’s Used Car Rule. Before being charged, the FTC had visited the dealer in December 2012 and identified issues of