Join Troutman Sanders attorneys James Trefil and Jonathan Floyd for a webinar hosted by the Clear Law Institute on August 17 from 1:00 – 2:15 p.m. In this webinar, you will learn to navigate the various layers of rules and regulations that govern the use of debt collection telephone calls. This presentation will focus on
District Court Approves $1.53M Settlement Between CFPB and Credit Repair Companies in Telemarketing Sales Rule Lawsuit
On June 27, the Consumer Financial Protection Bureau announced it had filed two consumer protection lawsuits against four credit repair companies and three executives for allegedly misleading consumers and charging improper advance fees. On that same day, the CFPB filed corresponding stipulated final judgments providing for approximately $2 million in penalties against the named defendants.
Fifth Circuit Affirms FDCPA Violation Where Debt Collector Failed to Mark Account as Disputed
The Fifth Circuit Court of Appeals recently affirmed summary judgment on a Fair Debt Collection Practices Act claim in favor of a debtor, finding that the debt collector violated the FDCPA when it failed to mark the debtor’s account as “disputed” when the collector reported the account to the bureaus.
Plaintiff Robert Sayles sued Advanced
CFPB Issues Rule Banning Class Action Waivers In Arbitration Provisions
On July 10, 2017, the Consumer Financial Protection Bureau issued its long-awaited final rule banning class action waivers in arbitration provisions for covered entities, as well as requiring the covered entities to provide information to the CFPB regarding any efforts to compel arbitration. This rule is of significance to any financial services company that utilizes
Debt Collector Prevails by Using Safe Harbor Language on Letters in Current Balance Case
In dismissing a claim against a debt collector, brought under the Fair Debt Collection Practices Act, the U.S. District Court for the Eastern District of Wisconsin found that language used by the debt collector clearly informing the consumer that interest and fees would continue to accrue on the balance did not violate the
FTC and International Consumer Protection Agencies Announce Website Revamp
Partnering with the Federal Trade Commission, the International Consumer Protection and Enforcement Network (“ICPEN”) recently unveiled significant enhancements to its online portal – www.icpen.org – designed to help members identify and respond to consumer challenges crossing international borders.
ICPEN is a network of consumer protection agencies from over 60 countries that strives to protect consumers
TCPA Class Decertified in Missouri Federal Court
In a long-running Telephone Consumer Protection Act class action, Missouri District Judge Catherine Perry recently granted defendant Vein Centers for Excellence Inc.’s motion to decertify the class.
As background, Vein Centers is a marketing firm that provides graphic design and other services to doctors. The named plaintiff, St. Louis Heart Center, Inc., filed this putative
Cheesecake Factory Tries to Dismiss Putative FACTA Class Action on Spokeo Grounds
The Cheesecake Factory Restaurants, Inc. recently asked a New York federal district judge to dismiss a putative Fair and Accurate Transactions Act putative class action that accuses the restaurant chain of printing too many credit card numbers on consumers’ receipts. Relying on the Supreme Court’s decision in Spokeo, Cheesecake Factory argues that the class
Oregon Legislature Passes New Law Regulating Collection Activities of Debt Buyers
Oregon has become the next in a line of states to pass legislation regulating debt buyers. Oregon bill HB2356, initiated by Oregon Attorney General Ellen Rosenblum, passed both the House and Senate prior to legislative adjournment on July 7.
The bill’s new debt buyer provisions purport to ensure protections for Oregon consumers, making it
Court Certifies FCRA Background Check Disclosure Claim Against Employer That Relied on Vendor’s Disclosure Form
A new Florida federal district court case is yet another reminder of the minefield of federal and state regulations governing employer criminal background check forms. In Graham v. Pyramid Healthcare Solutions, the Court certified a class action against the employer under the federal Fair Credit Reporting Act and ruled that whether the employer willfully