In Soliman v. Subway Franchisee Advertising Fund Trust, Ltd, the plaintiff alleged that the defendant violated the Telephone Consumer Protection Act (TCPA) by sending a text message to her cell phone using an automatic telephone dialing system (ATDS) and which utilized an “artificial or prerecorded voice.” The Second Circuit affirmed the district court’s decision to dismiss the case because the TCPA did not apply.
On May 2, the U.S. Department of Housing and Urban Development (HUD) released two sets of guidance addressing the applicability of the Fair Housing Act (FHA) to two areas where, in the agency’s view, algorithmic processes and artificial intelligence (AI) pose particular concerns: tenant screening and advertising of housing opportunities through online platforms that use targeted ads. The purpose of HUD’s guidance is to make housing providers, tenant screening companies, advertisers, and online platforms aware that the FHA applies to tenant screening and housing advertising, including when algorithms and AI are used to perform those functions.
In this insightful episode of FCRA Focus, host Dave Gettings and guest Jonathan DeMars, an associate in Troutman Pepper’s Consumer Financial Services Practice Group, delve into the recent Supreme Court decision in Department of Agriculture Rural Development Rural Housing Service v. Kirtz. This ruling examines the potential liability of the government under the Fair Credit Reporting Act (FCRA) and has implications through the legal community and beyond. Join us as we explore the intricacies of the case, the arguments that swayed the Supreme Court, and the likely effects on both government entities and private parties. This episode offers our insights into a case that defines the boundaries of sovereign immunity within the realm of credit reporting.
To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week:
On May 10, a Texas federal court granted a preliminary injunction enjoining the Consumer Financial Protection Bureau (CFPB or Bureau) from implementing the credit card late fee rule, most recently discussed here. The court found the plaintiffs demonstrated a likelihood of success based on their reliance on the Fifth Circuit’s decision in CFPB v. Community Financial Services Association of America, Ltd. finding that the CFPB’s “double-insulated funding scheme is unconstitutional.” The court further found that the balance of interest test weighed in the plaintiffs’ favor because if the court denied the injunction, “[p]laintiffs face an enormous undertaking based upon a potentially unconstitutional rule,” whereas if the court granted the injunction “the CFPB is relatively unaffected because the Final Rule has not yet gone into effect.”
Today, the Consumer Financial Protection Bureau (CFPB or Bureau) published an Issue Spotlight focusing on consumer complaints relating to credit card rewards programs. The report notes that credit card companies often focus marketing efforts on rewards, like cash back and travel, instead of on interest rates and fees. However, the CFPB has previously reported that consumers who carry debt from month to month earn just 27% of rewards at major credit card companies, while paying 94% of the interest and fees that those companies charged. In its analysis of several hundred complaints relating to these rewards programs, the Bureau identified four recurring themes: 1) vague or hidden promotional conditions; 2) devalued rewards; 3) customer service issues that delay or block reward redemption; and 4) issuers unilaterally revoking reward balances.
In the final episode of this series, Ethan, Addison, and Trey discuss federal digital asset-related bills and developments from 2023, along with two Office of Foreign Assets Control (OFAC) consent orders involving digital asset exchanges.
On May 3, the U.S. Court of Appeals for the Fifth Circuit entered an order denying the CFPB’s (CFPB) petition for a panel rehearing and effectively setting the stage for a long-awaited ruling on a preliminary injunction in the ongoing lawsuit challenging the CFPB credit card late fee rule. The petition was filed by the CFPB to reconsider the panel’s order vacating the district court’s order that transferred the case to the U.S. District Court for the District of Columbia and issuing a writ of mandamus directing the district court to reopen the case.
In this episode of The Consumer Finance Podcast, Chris Willis is joined by Troutman Pepper Partner Jeremy Rosenblum and Neil Currie, vice president at the American Arbitration Association (AAA). They discuss the phenomenon of mass arbitration and the recent revisions to the AAA’s rules to address this. The conversation covers the new AAA rules, the fee structure, and the benefits of using AAA over other arbitration administrators. They also discuss strategies for drafting arbitration clauses to avoid the challenges of mass arbitrations. The episode provides valuable insights into the complexities of mass arbitration and offers practical advice for businesses navigating this challenging landscape.
The U.S. Court of Appeals for the Third Circuit has recently underscored the fact that a plaintiff does not automatically gain Article III standing under the Fair Debt Collections Practices Act (FDCPA) simply because they are confused by a letter.