The United States Court of Appeals for the Fifth Circuit recently held that certain letters seeking collection of time-barred debt by using “ambiguous offers and threats with no indication that the debt is old, much less that the limitations period has run, misrepresent the legal enforceability of the underlying debt in violation of” the Fair
As the coronavirus (“COVID-19”) testing increases across the country, state health departments have been implementing contact tracing to contain viral spread. Contact tracing identifies and monitors individuals who have come into contact with others who have tested positive for COVID-19. Typically, contract tracers work with infected individuals to obtain the contact information for everyone with
On May 13, the Consumer Financial Protection Bureau released two new FAQ documents outlining responsibilities of certain financial firms during the coronavirus (“COVID-19”) pandemic, and a statement regarding billing error responsibilities of credit card issuers and other open-end non-home secured creditors.
The first new FAQ document is entitled, “The Bureau’s Payments and Deposits Rules FAQs
Earlier this month, the United States District Court for the Western District of Texas denied a student loan servicer’s motion for judgment on the pleadings, finding that it was not entitled to absolute immunity under the Eleventh Amendment of the United States Constitution for alleged violations of the Fair Credit Reporting Act.
In May 2018,
On May 13, a federal court in the United States District Court for the Northern District of California granted a defendant’s motion to dismiss in a putative class action brought under the Telephone Consumer Protection Act. The Court dismissed the plaintiff’s claims that the defendant, an e-commerce provider that offers a texting platform to
On May 14, the Consumer Financial Protection Bureau reached an $18 million settlement with mortgage lender Monster Loans (a/k/a Chou Team Realty LLC) and several individual, related entities to resolve allegations that they impermissibly and duplicitously obtained credit reports for their associated student loan debt-relief companies, which, in turn, used the consumer reports to deceptively
COVID-19 has forced us to ask novel questions generally and look for stay-at-home order workarounds. Compliance with the Fair Credit Reporting Act (FCRA) is no different. One of the many questions that has arisen relates to the reinvestigation of disputed court records. How can this be done with limited access to court records? What should
On February 25, the Federal Trade Commission – the nation’s primary privacy and data security enforcer – released its latest Privacy and Data Security Update, which summarizes the agency’s privacy and data security activities over the last year and provides a preview of what’s to come in 2020. Here are our top five takeaways
In a win for out-of-network health care providers, the U.S. District Court for the Eastern District of Louisiana recently remanded a case to state court, holding that there was no federal question jurisdiction and that the plaintiff’s claims were not preempted by the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §
We are pleased to announce that Troutman Sanders attorney Sadia Mirza will be presenting during the Association of Continuity Professionals (ACP) Orange County Chapter Meeting. The meeting will be held at the American Red Cross in Santa Ana, California on Wednesday, November 13th from 12:00pm – 3:00pm PT.
Sadia will be presenting on the
