In Kidd v. Thomson Reuters, plaintiff Lindsay A. Kidd brought a Fair Credit Reporting Act putative class action claim against mass media and information firm Thomson Reuters after she was allegedly denied a job with the Georgia Department of Public Health based on criminal history information obtained by the Department from Thomson Reuters’ subscription-based
Congress Kills CFPB’s Arbitration Ban for Financial Services Companies, Returning Focus to State v. Federal Court Wars
On Tuesday, October 24, 2017, the Senate voted to nullify the Consumer Financial Protection Bureau’s (“CFPB”) arbitration rule (the “Rule”) in a 51-50 vote. Only two Republicans voted against the measure – Lindsey Graham (SC) and John Kennedy (LA). President Trump praised the vote, saying that he will sign the resolution when it reaches his
Court Rejects Debt Collector’s Bid for Second Bite at the Apple
A federal judge in New Jersey denied a debt collector’s motion to reconsider the Court’s award of summary judgment to a plaintiff for violations of the Fair Debt Collection Practices Act. In granting summary judgment, the Court applied the “substantial attorney review” standard to a collection complaint filed in state court. The case is Daniel
FCRA Suits Increase 60% from August to September
According to a litigation statistics report issued by WebRecon LLC, consumer lawsuits alleging violation of the Fair Credit Reporting Act increased by nearly 60% in September from the prior month. That increase “keeps it in line with the aggressive growth in recent years.”
FCRA filings increased 58.4% from 351 in August to 556 in September
U.S. Treasury Criticizes Arbitration Rule
On October 23, the U.S. Department of the Treasury released a report objecting to the Consumer Financial Protection Bureau’s arbitration rule. As we previously reported, the rule prevents class action waivers in arbitration provisions for covered entities and also requires covered entities to provide information to the Bureau regarding any efforts to compel arbitration.
Judge Preliminarily Authorizes Settlement in Heartland Payment Systems Case
On October 4, Judge Anne Thompson of the United States District Court for the District of New Jersey preliminarily approved a $2.5 million settlement agreement in a proposed class action suit against Heartland Payment Systems.
The agreement would settle a lawsuit, filed by plaintiff Rudel Corporation, which alleges that Heartland charged its customers unauthorized fees
5th Advanced False Claims & Qui Tam Enforcement, January 29-30, 2018
On Tuesday, January 30th, Amy Pritchard Williams, Partner at Troutman Sanders, will be speaking at ACI’s 5th Advanced Forum on False Claims & Qui Tam Enforcement conference in NYC. Amy’s presentation will focus on “Financial Services Industry: Latest Developments on False Claims & FIRREA.”
For more information, please click here.
California’s Statewide “Ban-The-Box” Law To Go Into Effect January 2018
On October 14, 2017, California became the most recent state to adopt a “ban-the-box” law. The law, signed by Governor Jerry Brown, goes into effect on January 1, 2018, prohibiting pre-offer inquiries regarding applicants’ conviction histories, and regulating employers’ decisions to deny employment to an applicant based on his or her convictions. This law is
District Court Rejects FCRA Class Action Settlement for Lack of Standing
In Robertson v. Allied Solutions, LLC, plaintiff Shameca Robertson brought a class action claim in the Southern District of Indiana against Allied Solutions under the Fair Credit Reporting Act. In the complaint, Robertson asserted two claims against Allied Solutions: (1) that the company failed to provide her with an FCRA-compliant disclosure informing her that
New York AG Announces Settlements with Two Motor Vehicle Dealer Groups
New York Attorney General Eric Schneiderman announced two settlements with motor vehicle dealer groups that provide for over $900,000 in restitution to approximately 6,400 New York State consumers. The settlements also require the dealers to pay $135,000 in penalties and costs to the state for the unlawful sale of credit repair and identity theft protection