The Board of Governors of the Federal Reserve System recently issued a Consent Order against Peoples Bank, based in Lawrence, Kansas, to settle claims of deceptive residential mortgage origination practices that arose from the bank’s charging of fees in mortgage originations. The Federal Reserve alleged that Peoples told mortgage borrowers that certain additional fees that
Join Us for a Complimentary Webinar: Preserving and Protecting Confidentiality when Sharing Information with Regulators
On Tuesday, December 12, from 3-4 p.m. ET, Join Troutman Sanders for a webinar focused on a practical issue of great importance to mortgage loan originators and servicers: how to ensure confidential information is protected, when faced with an investigation by state or federal regulators.
The webinar will (1) outline the common law principles and
Ninth Circuit: ESPN App User Data is Not Personal Information
In an opinion issued November 29, the Ninth Circuit Court of Appeals affirmed the dismissal of Chad Eichenberger’s lawsuit against ESPN for allegedly disclosing personal information. The suit was originally filed in federal court in the District of Columbia in March of 2014, alleging that ESPN gave the personally identifiable information of consumers who watched
Federal Judge Denies Injunction, Leaving Trump Appointee Mick Mulvaney Head of CFPB
Mick Mulvaney, President Donald J. Trump’s choice to head the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) until a permanent director can be appointed, will remain in place as Acting Director of the Bureau, following a ruling by Judge Timothy J. Kelly of the U.S. District Court for the District of Columbia on Tuesday denying
New Mexico AG Supports Tribal Defendants in Civil Action Filed by CFPB
On November 27, New Mexico Attorney General Hector Balderas joined the ranks of amici curiae in Consumer Financial Protection Bureau v. Golden Valley Lending, Inc., et al. (No. 2:17-cv-02521, pending in the United States District Court for the District of Kansas) filing a brief supporting the efforts of four tribal entities (“Tribal Defendants”) to dismiss
CFPB Removes Ban on Arbitration Agreements from CFR Following Congressional and Presidential Disapproval of Rule
As anticipated, the Consumer Financial Protection Bureau has officially removed from publication a rule that would have prohibited arbitration agreements in certain consumer contracts. The CFPB published its removal of 12 CFR part 1040, titled “Arbitration Agreements,” from the Code of Federal Regulations. The CFPB’s removal of part 1040 reflects Congressional disapproval of the underlying
Health Care Debt Collector Pays $600K to Settle TCPA Class Action
On November 21, the United States District Court for the Northern District of Illinois granted preliminary approval of a proposed $600,000 settlement of a class action lawsuit filed by a consumer against M3 Financial Services, Inc., an Illinois-based health care debt collector. The lawsuit, styled Elaine Mason et al. v. M3 Financial Services Inc.,
Join Us on December 5 for an ABA Webinar – State Attorneys General Series: Enforcement Agencies Confront Class Actions
We are pleased to announce that Troutman Sanders attorneys Ashley Taylor and Tim Butler will participate in a webinar panel discussion hosted by the American Bar Association on “State Attorneys General Series: Enforcement Agencies Confront Class Actions.” The event will take place on December 5, 2017 from 1:00 – 2:30 p.m. ET.
The still vibrant
State Court Among First to Dismiss FCRA Claim for Lack of Injury-in-Fact
In Miles v. The Company Store, consumer Timothy Miles brought a claim in state court against retailer The Company Store for alleged violations of the federal Fair Credit Reporting Act. Specifically, Miles claimed that The Company Store violated 15 U.S.C. § 1681c for printing too many digits of his credit card number on his
Avis Settles FCRA Background Check Lawsuit for $2.7 Million
On November 17, car rental company Avis filed its memorandum in support of final approval of a $2.7 million class action settlement to resolve Fair Credit Reporting Act claims related to its background screening practices. The case is Angela Fuller v. Avis Budget Car Rental LLC, et al., No. 2:15-cv-03856, pending in the U.S.