In its Office of Claims and Refunds Annual Report, the Federal Trade Commission reports that its law enforcement efforts between July 1, 2016, and June 30, 2017, returned $6.4 billion in refunds to consumers, including $391 million sent directly by the FTC to 6.28 million consumers. This is the first such report on money returned
FTC Issues Biennial Report on National Do Not Call Registry
On December 22, the Federal Trade Commission issued its biennial report to Congress on the use of the National Do Not Call Registry, which is the database maintained by the federal government listing the telephone numbers of individuals who have requested that telemarketers not call them.
According to the report, 3.8 million phone numbers were
Eastern District of New York Grants Motion to Dismiss FDCPA Current Balance Claim
On November 8, the Eastern District of New York rendered an opinion granting Credit Control Services’ motion to dismiss plaintiff Yendy Cruz’s claim. Specifically, the Court found Credit Control’s collection letter was not false or misleading under the Fair Debt Collection Practices Act because Credit Control was not including either interest or fees on its
CFPB Withdraws its Consumer Disclosures Survey Signaling that Debt Collection Rulemaking Is No Longer at the Top of the CFPB’s Priorities
Until last week, the CFPB was accepting comments on its proposal to conduct a survey on debt collection disclosures. This survey was closely linked to the CFPB’s planned debt collection rule that would impose additional restrictions and burdensome regulations on the debt collection industry. However, on December 14, 2017 – the last day to submit
NY Division of Consumer Protection Issues “Emergency Regulation” Regarding Identity Theft Prevention and Mitigation Program
The New York Department of State’s Division of Consumer Protection recently implemented an “Identity Theft Prevention and Mitigation Program” and adopted emergency regulations, effective immediately. According to the Division, the program is intended to “(1) inform consumers about how to protect their personal identifying information; (2) help consumers prevent identity theft, including taking steps to
Northern District of New York: No FDCPA Violation Where Pre-Judgment Interest Not Disclosed in Collection Letters
On November 15, the U.S. District Court for the Northern District of New York ruled that a law firm did not violate the Fair Debt Collection Practices Act when it stated in its collection letter that the “amount due” was $5,794.54 but failed to indicate that this amount could increase due to interest assessed pursuant
State AGs Vow to Carry CFPB’s Torch
A group of 17 state attorneys general issued a letter to the White House on December 12, promising that they will “continue to vigorously enforce consumer protection laws regardless of changes to the [Consumer Financial Protection] Bureau’s leadership or agenda.” The letter, coupled with other efforts, shows that regulatory relief in Washington may be offset
Spokane City Council Approves “Ban the Box” Law
On November 27, the City Council for Spokane, Washington made that city the newest locality to approve a “ban the box” ordinance, which would prohibit employers from requesting criminal or arrest records to make decisions on employment until after an in-person interview. The vote passed 5-2. The mayor of Spokane has until December 14, 2017
Eleventh Circuit Imposes Joint and Several Liability on Payment Processor for Fraud by Client
On December 13, the U.S. Court of Appeals for the Eleventh Circuit affirmed the imposition of joint and several liability on a payment processor that had provided “substantial assistance” to another entity that violated a federal ban on improper telemarketing practices. The decision leaves the payment processor responsible for paying the $1.7 million judgment with
Third Circuit Hears Spokeo-Related Challenge
In Long v. Southeastern Pennsylvania Transportation Authority (“SEPTA”), the Third Circuit is set to rule on a challenge to the named plaintiffs’ lack of Article III standing in a Fair Credit Reporting Act putative class action.
As we previously reported, in Long the named plaintiffs alleged that SEPTA violated the FCRA by failing to