On February 23, the Wisconsin House passed Assembly Bill 957 (AB 957), a bill relating to consumer data protection. This legislation is based on the Virginia Consumer Data Protection Act (VCDPA) and provides consumers with various rights about their data and imposes obligations on businesses. Wisconsin is the second state in 2022 to pass a
On March 1, the Supreme Court of California held oral arguments in Pulliam v. HNL Automotive, Inc., No. S267576 (2021). The appeal may decide (at least under California state law) whether the Federal Trade Commission’s (FTC) “Holder Rule” permits a consumer to recover amounts beyond what he or she has paid to the holder,
In Eggleston v. Reward Zone USA LLC, No. 2:20-cv-01027-SVW-KS (C.D. Cal. Jan. 28, 2022), the U.S. District Court for the Central District of California rejected the argument that text messages are “artificial or prerecorded voice messages” under the Telephone Consumer Protection Act (the TCPA).
The plaintiff, Lucine Trim, alleged that Reward Zone USA LLC
On February 28, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a bulletin and accompanying press release, highlighting an issue that the agency has written about frequently over the past several years: inadvertent repossessions. For the most part, the bulletin reminds the industry of guidance previously issued by the CFPB in several editions
On February 14, Northern District of Illinois Judge Sharon Johnson Coleman rejected Clearview AI’s arguments that Illinois’ Biometric Information Privacy Act (BIPA) violated the First Amendment.
In 2020, Clearview AI was accused of violating BIPA in multiple cases filed in the Northern District of Illinois and the Southern District of New York. The plaintiffs alleged
Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Pepper has developed a dedicated COVID-19 Resource Center to guide clients through this unprecedented global health challenge. We regularly update this site with COVID-19 news and developments, recommendations from leading health organizations, and tools that businesses can
On February 23, the Consumer Financial Protection Bureau (CFPB) issued an outline of proposals and alternatives (Outline) under consideration related to an automated valuation model (AVM) rulemaking. Despite the lack of imminency on a final rule, the Outline serves as further proof that fair lending and its application to algorithmic systems is a top priority
In late January, the Consumer Financial Protection Bureau (CFPB) released its 2022 “List of Consumer Reporting Companies.” This list purports to give consumers “the details [they] need to take action” against companies that collect consumer information and prepare consumer reports. According to the CFPB’s accompanying press release, the list is intended to
The filing lawsuits under the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), and the Telephone Consumer Protection Act (TCPA) increased dramatically in the first month of 2022 when compared to the number of filings in January and December 2021, per a report released recently by Web Recon LLC. The number
The Northern District of California has approved a $53 million settlement to be paid by the Federal National Mortgage Association (Fannie Mae) to resolve racial discrimination claims concerning Fannie Mae’s management and marketing of real estate-owned (REO) properties.
In 2016, multiple nonprofit housing organizations filed a complaint against Fannie Mae, alleging that the organization failed