In August 2018, a sports concession company successfully moved to dismiss a class action complaint arising under the Fair and Accurate Credit Transactions Act, finding the named plaintiff lacked Article III standing because she suffered no harm. The victory was short-lived, however, as the U.S. Court of Appeals for the District of Columbia Circuit reversed
The Consumer Financial Protection Bureau hosted a symposium with private attorneys to discuss the term “abusive” in “unfair, deceptive, and abusive acts and practices” (“UDAAP”) in late June. This was the first symposium, part of a symposia series, that will help the CFPB explore consumer protections in the changing financial services marketplace. There were two
The Eastern District of New York recently granted a debt collector’s motion for summary judgment in a Fair Debt Collection Practices Act case because the collection letter clearly identified the creditor to whom the debt was owed and would not mislead even the least sophisticated consumer. In doing so, the Court critiqued the “lawyer’s case”
On July 16, the United States Court of Appeals for the Eighth Circuit affirmed a decision from the Eastern District of Missouri awarding $32 million in a Telephone Consumer Protection Act class action. Significantly, in doing so, the Court upheld the district court’s decision to limit the jury’s award to $10 per call for a
In a recent statement from the Federal Communications Commission, Chairman Ajit Pai proposed the adoption of new rules aimed at extending the anti-spoofing prohibitions in last year’s Ray Baum’s Act to international callers and texters. The provisions in last year’s Ray Baum’s Act extended the scope of the Truth in Caller ID Act, which the
As a part of her plan to address the homeownership gap for black families in America, Democratic presidential candidate Kamala Harris has proposed an amendment to the Fair Credit Reporting Act that will require credit reporting agencies to include rent, cellphone, and utility payments when calculating consumer credit scores.
The Consumer Financial Protection Bureau has
Haven’t given the California Consumer Privacy Act (CCPA) much thought? This may be a sign that your organization is in need of a CCPA intervention. The CCPA, which takes effect in less than six months, is a new California privacy law aimed towards providing consumers greater control and transparency over how certain businesses use their
Richmond — Troutman Sanders LLP advised Trustar Bank in Fairfax County, Virginia in connection with its organization, equity offering, and regulatory applications and approvals from the Federal Deposit Insurance Corporation and the Virginia Bureau of Financial Institutions as the first de novo bank in Virginia since 2009. Trustar Bank was formed to serve customers in
On June 24, the Consumer Education Foundation (“CEF”), a California-based nonprofit consumer organization, filed a petition with the Federal Trade Commission requesting that it investigate the use of so-called “Secret Surveillance Scores” in the consumer market. The complaint alleges that consumer data points are covertly tracked and amassed by private firms to create a single
The Northern District of California recently granted a motion to compel arbitration in a putative class action brought under the Telephone Consumer Protection Act. In doing do, it enforced an arbitration provision that had been provided to the plaintiff by way of a hyperlink in an e-mail confirming her purchase of a subscription to an