For several years now, New York courts have grappled with the issue of what constitutes revocation of the acceleration of mortgage debt. Because the Appellate Division of New York has four Departments that preside over different counties within the state, the same set of facts has resulted in different outcomes. That may change, however, when
It is common knowledge that class action lawsuits are expensive. And we know that many consumer class action lawsuits are filed without a proper class representative or with a class that is otherwise ill-defined, legally deficient, or unascertainable. Other purported Telephone Consumer Protection Act class action lawsuits present potentially dispositive issues from the outset, such
Virginia Bell Flynn is featured in Law360 for receiving a 2019 Rising Star Award in Consumer Protection. According to the article, which can be accessed online here, Flynn “has successfully represented health care companies in cases involving the Telephone Consumer Protection Act and has advised major settlements for her clients, such as representing Anthem
Three industry organizations filed suit against the Nevada Attorney General and the Commissioner of the Nevada Financial Institutions Division, claiming that a newly enacted Nevada law conflicts with and is preempted by federal law, including the Fair Credit Reporting Act (FCRA) and the Equal Credit Opportunity Act (ECOA). They are seeking an injunction preventing Nevada
The Consumer Financial Protection Bureau announced on October 11 that it will establish a taskforce of industry experts to examine the legal and regulatory environment facing consumers and financial service providers. The aim of the taskforce is to harmonize, modernize, and update consumer credit laws and their implementing regulations and to identify gaps in these
The Seventh Circuit Court of Appeals upheld dismissal of a consumer’s claim that the phrase “current balance” in a collection letter obscured the static nature of her debt.
Plaintiff Patricia Ann Koehn alleged that the collection letter from defendant Delta Outsource Group, Inc. falsely implied that Koehn’s static debt was subject to interest and fees
We are pleased to announce that Troutman Sanders attorney David Anthony will be hosting a Consumer Data Industry Association (CDIA) Webinar on October 16th at 2pm EST, titled “Navigating the Challenges in Today’s Litigation and Enforcement Environment.” David will be providing insight on litigation and enforcement trends throughout the consumer reporting industry.
Discussion Topics
We are pleased to announce that Troutman Sanders attorneys Ron Raether and Sadia Mirza will be hosting a Receivables Managements Association International (RMAI) Webinar titled, “Getting Your Ducks in a Row for the California Consumer Privacy Act” on October 23rd, 2019 at 9am PST. During this webinar, Ron and Sadia will cover the
On September 25, California Assembly Bill 539 was presented to the Governor for signing. The Bill would prohibit licensees of the California Financing Law (CFL) from charging an interest rate greater than 36% plus the applicable Federal Funds Rate on consumer loans of at least $2,500, but less than $10,000. Currently the CFL does not
Showing its continuing regular focus on the background screening industry, on October 3, 2019, the Consumer Financial Protection Bureau (CFPB) published a report, entitled Market Snapshot: Background Screening Reports. The report highlights the increased demand for background screenings by employers as well as consumer challenges that may arise from their use given the vast