Last week, Judge Sue Myerscough declined to certify a class of employees whose personal information was disclosed when Driveline Retail Merchandising fell prey to a phishing scam. While nearly 16,000 employees were allegedly affected, “issues of causation and injury” were insufficiently common to satisfy the requirements for class certification.
The factual background will resonate with
In Ewing v. Med-1 Solutions, Judge Sweeney II of the District Court for the Southern District of Indiana granted summary judgment for the defendant, regarding the plaintiff’s allegation that the defendant violated the Fair Debt Collection Practices Act by reporting her debt to TransUnion after the plaintiff disputed the debt. In its ruling, the
On January 21, Colorado Governor Jared S. Polis signed Senate Bill 21-002 into law. This bill modifies the limitations of certain debt collection actions enacted in Senate Bill 20-211, most notably extending the moratorium on extraordinary collection actions from February 1, 2021 to June 1, 2021.
In more detail, Senate Bill 21-002 states that
President Biden’s pattern of selecting strong consumer advocates for executive branch leadership positions continued last Thursday, when he appointed current Federal Communications Commissioner Jessica Rosenworcel to serve as acting chair of the Federal Communications Commission (FCC).
Serving as a Democrat commissioner at the FCC for the past eight years, Rosenworcel is a staunch supporter of
Washington State Attorney General Bob Ferguson recently announced priorities for his 2021 legislative agenda. These priorities include public safety and criminal justice reform, tribal treaty rights, and protecting consumers. With respect to the last priority on consumer protection, Attorney General Ferguson is supporting two bills in the Washington legislature:
In Wengui v. Clark Hill, PLC, Judge Boasberg of the District Court for the District of Columbia, granted the plaintiff’s motion to compel the defendant to produce a report and additional materials associated with a cyberattack. In its ruling, the court emphasized that materials that would otherwise be created in the ordinary course of
On January 20, the White House announced the acting agency leadership in the next phase of the transition of government. As part of that transition, President Joe Biden appointed Dave Uejio to serve as the acting director of the Consumer Financial Protection Bureau (CFPB). This news followed on the same day Director Kraninger, appointed by
On January 11, the Federal Trade Commission (FTC) announced it has settled with a California-based photo app developer involving allegations that it was building and using its users’ photos and videos to create facial recognition technology without their express consent.
Facial recognition software is typically comprised of three steps: detection, mapping, and identification. During the
On January 20, 2021, the Southern District of New York granted Emmanuel Torres’ (“Torres”) motion to remand to state court, holding that Wakefield & Associates’ (“Wakefield”) and Rural Metro Ambulance Corporation’s (“Rural Metro”) argument for removal did not constitute “complete preemption.”
In Torres v. Wakefield & Assocs., Torres filed a complaint in the New
On January 21, 2021, the United States District Court for the Northern District of Illinois granted TransUnion Data Solutions LLC’s (“Trans Union”) motion for judgment on the pleadings, denying Blue Sobenes’ (“Sobenes”) claims against Trans Union under sections 1681i(a) and 1681e(b) of the Fair Credit Reporting Act (“FCRA”).