On August 14, the Consumer Financial Protection Bureau, along with the Office of the Arkansas Attorney General, filed a proposed settlement with Andrew Gamber, Voyager Financial, and SoBell (collectively “Defendants”). This settlement follows a complaint the CFPB and Arkansas filed against Defendants in the United States District Court for the Eastern District of Arkansas, alleging

On August 1, a three-judge panel of the New Jersey Appellate Division affirmed a $40 million jury award to investment firm NuWave Investment Corporation for reputation damage by an allegedly inaccurate and defamatory background report issued by First Advantage Litigation Consulting LLC. Court records indicated that the allegedly offending information in the report issued by

This month a Pennsylvania district court judge granted summary judgment in favor of a defendant accused of violating the Telephone Consumer Protection Act, finding that despite the fact that the defendant used a predictive dialer, that dialer was not an automated telephone dialing system, or “ATDS,” as required to establish liability.

In Smith v. Navient

On August 9, 2019, Illinois Governor J. B. Pritzker signed into law first-of-its-kind legislation regulating the use of artificial intelligence (AI) in Illinois.  As previously reported by Troutman Sanders on June 26, 2019, the Illinois legislature, in what has been described as the most momentous legislative session in decades, passed the privacy statute

Despite the Federal Communications Commission currently deliberating as to the meaning of “autodialer” under the Telephone Consumer Protection Act, a California federal judge found that the Ninth Circuit has resolved the issue, denying a defendant’s attempt to pause a spam-text suit. Not only does the ruling by U.S. District Judge Haywood S. Gilliam Jr. counter

The Southern District of Florida recently issued a positive decision for businesses defending Telephone Consumer Protection Act lawsuits who place calls pursuant to contractually granted consent. In Lucoff v. Navient Sols., LLC, No. 0:18-cv-60743-RAR, 2019 U.S. Dist. LEXIS 133577 (S.D. Fla. Aug. 7, 2019), the Court affirmed and adopted the Magistrate’s Report and Recommendation

On August 9, a court in the United States District Court for the Northern District of Georgia joined several other district courts in finding consumer reports obtained for independent contractors do not trigger the protections applicable for consumer reports obtained for “employment purposes” under the Fair Credit Reporting Act. Although the issue remains unsettled, this

New York State’s Department of Financial Services (“NYDFS”) has issued new proposed regulations regarding licensing and servicing standards for student loan servicers operating in the state.

The proposed regulations stem from state legislation passed in April 2019, known as Article 14-A, which requires student loan servicers to obtain a license from the DFS before

Debt collectors beware: On August 12, the U.S. Court of Appeals for the Third Circuit held that a debt collector violates section 1692f(8) of the Fair Debt Collection Practices Act by displaying an unencrypted “quick response” (or “QR”) code on the face of an envelope containing a debt collection letter that, when scanned,

As we previously reported, in 2017, consumer plaintiff James Andrews filed a putative class action against Sirius XM Radio, Inc., alleging a violation of the Driver’s Privacy Protection Act, 18 U.S.C. § 2721, et seq. (“DPPA”). Andrews claimed that the satellite radio provider sent solicitation letters to him and putative class members using personal