On January 25, the Consumer Financial Protection Bureau posted a list of four frequently asked questions, or “FAQs,” clarifying some aspects of the TILA-RESPA Integrated Disclosure Rule (“TRID Rule”).
The TRID Rule, which applies to many consumer mortgage loans, consolidated the various disclosure forms that were required
On January 25, the Illinois Supreme Court sided with consumers in issuing a unanimous decision that a Six Flags season pass holder could bring a claim under Illinois’ Biometric Information Privacy Act (the “BIPA”) based on the amusement park’s collection of customer fingerprints—even absent allegations of real-world injury. This opinion provides a boost to the
Time Warner Cable is fighting back against a purported Telephone Consumer Protection Act wrong number class action lawsuit. In Hunter and Villa v. Time Warner Cable Inc., No. 1:15–cv–06445 (S.D.N.Y), plaintiffs Leona Hunter and Anne Marie Villa allege that defendant Time Warner Cable engages in a “practice of making
The United States District Court for the Western District of Texas recently granted summary judgment in favor of a debt collector, holding that letters sent with the same client account number for two different debts incurred with the same underlying creditor was not false, deceptive, or misleading or otherwise in violation of the F
On January 23, the Middle District of Florida issued an order dismissing a Fair Debt Collection Practices Act and Florida Consumer Collection Practices Act (“FCCPA”) putative class action because the defendant, Wells Fargo Bank, N.A., did not qualify as a debt collector under the FDCPA.
The case is Rose Mary Rawls, et al. v. Wells
On January 28, Crunch Fitness filed a petition for writ of certiorari in the U.S. Supreme Court, asking the Court to overturn the Ninth Circuit’s decision in Marks v. Crunch San Diego. Crunch contends that the Ninth Circuit rewrote the definition of an automatic telephone dialing system (“ATDS”) and contradicted the plain text and
On January 17, in Kibbee v. Smith-Palluck Associates Corp., No. 2:18-cv-01848, a putative class action pending in the United States District Court for the District of Nevada, the Court entered an order notifying the United States Attorney General that the constitutionality of the Telephone Consumer Protection Act has been called into question and giving
Nearly every American with a cellphone has had it happen to them. You receive a call from an unknown number with an automated message pitching refinance options for the loan you don’t have, or consolidation options for the student loan you already paid off.
In a new report released by Hiya, a Seattle-based spam-monitoring service,
In Ewing v. Encore Solar, LLC, No. 3:18-cv-02247 (S.D. Cal. January 22, 2019), plaintiff Anton Ewing filed a suit against defendants Encore Solar, LLC; Sunrun, Inc. (“Sunrun”); Bargain Electricity, Inc. (“Bargain Electricity”); and individual employees of Encor and Bargain Electricity for violation of the Telephone Consumer Protection Act. Ewing alleged that all defendants were liable
The Consumer Financial Services practice at Troutman Sanders LLP has been selected as one of Law360’s 2018 Practice Groups of the Year. The team was recognized in Law360’s Consumer Protection category for excellence in representing and advising clients with respect to high-stakes litigation and regulatory matters, as well as compliance issues.
The firm also received