In Johnson v. Comodo Group, the United States District Court for the District of New Jersey denied the defendant’s motion for summary judgment on two key issues in a claim asserting violations of the Telephone Consumer Protection Act, finding that a predictive dialer qualifies as an automatic telephone dialing system under the statute and
In Allen v. Credit Collection Services, the United States District Court for the Eastern District of California recently ruled that a Fair Debt Collection Practices Act plaintiff’s vague, self-serving testimony of oral revocation was insufficient to trump a debt collector’s detailed call records that contained no evidence of revocation. The court’s decision illustrates the
Please join Troutman Sanders attorney’s David Anthony, Tim St. George, and Scott Kelly for the complimentary webinar, “2019 in Review: Key Developments for Background Screeners and Companies Subject to the FCRA” on March 4th from 3-4 pm ET.
Lawsuits alleging violations of the Fair Credit Reporting Act (“FCRA”), including background-check related litigation, have
Plaintiff Amanda Groettum may be alive and well, but in Groettum v. Kohl’s Department Stores, Inc., the United States District Court for the District of Minnesota laid to rest her claims under Minnesota’s credit defamation laws and any contention that the Fair Credit Reporting Act’s two preemption provisions are in conflict.
In her complaint,
On Friday, the Consumer Financial Protection Bureau (CFPB) published a supplement to its Spring 2019 notice of proposed rulemaking on third-party debt collection. The proposed supplemental rule addresses the collection of time-barred debt, which is debt that has run past any applicable statute of limitations.
Specifically, the proposed supplemental rule requires debt collectors to make
On February 4, the Oakland City Council in California forbade the use of criminal background checks in most housing applications. The stated purpose of the law, the Fair Chance Housing Ordinance, is to allow formerly incarcerated individuals an increased opportunity to compete for rental housing, reintegrate into their communities, and avoid homelessness.
The property
Sen. Kristen Gillibrand (D-N.Y.) recently introduced a 41-page bill that would transfer the authority to create and enforce data protection rules from the Federal Trade Commission to a new independent federal agency. This proposal comes on the heels of a similar proposal from Sen. Josh Hawley (R-Mo.). Both of these proposals have emerged due to
2019 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Sanders is uniquely positioned to help its clients find successful resolutions and stay ahead of the compliance curve.
In this report, we share developments on consumer class actions, background screening, bankruptcy, consumer credit
The Financial Institutions Regulatory Authority proposed rule amendments to the Securities and Exchange Commission seeking to increase the minimum fees assessed by FINRA in arbitration cases where registered/licensed representatives, such as brokers and other securities industry professionals, aim to have customer complaints and other information expunged from their Central Registration Depository (“CRD”) records.
The CRD,
On February 4, the Federal Communications Commission issued seven letters to certain United States phone companies that provide gateway service for international robocalls into stateside networks, directing them to cooperate in tracing back those calls. The companies are used as gateways into the United States for robocalls that originate overseas; thus, are uniquely situated to