Monitoring the financial services industry to help companies navigate through regulatory compliance, enforcement, and litigation issues
As we previously reported, the named plaintiff in Paci v. Costco Wholesale Corporation filed a Fair Credit Reporting Act putative class action against Costco alleging that the retailer’s receipts contained more digits of the payment card’s account number than is permitted under the Act.
The parties recently filed cross-motions for summary judgment. Costco argued …
A district court in the Seventh Circuit has denied a motion to dismiss filed by a collection attorney acting on behalf of a debt collector client, holding that the plaintiff in the case could pursue her claim based on the attorney’s failure to provide his own § 1692g validation notice in an initial communication, even …
The Fair Credit Reporting Act requires that employers provide prospective applicants with a disclosure before obtaining a pre-employment background check from a consumer reporting agency. This disclosure must be in a single document that consists “solely of the disclosure” that a consumer report may be obtained for employment purposes. In Burnthorne-Martinez v. Sephora USA, Inc.…
The United States District Court for the Western District of New York recently granted the Federal Trade Commission’s motion for summary judgment and entered a final order against a group of debt collectors who pretended to be affiliated with the government, and ordered them to pay nearly $11 million.
In Federal Trade Commission v. Federal …
On November 15, the Consumer Financial Protection Bureau issued a fact sheet to highlight the new requirements and deadlines imposed by the Bureau’s latest Prepaid Rule, which was finalized last month. The fact sheet notes the effective dates of new requirements under the Rule and lists any related exceptions or accommodations.
The Bureau issued the …
On November 28, the Federal Trade Commission issued a bulletin for consumers relating to the process for applying for an apartment and the related background check process that can be undertaken by the potential landlord.
The FTC stated: “Landlords can check your credit, criminal history, and even your rental history. They may ask your permission…
While the number of lawsuits filed under the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act remained relatively steady or fell, claims under the Fair Credit Reporting Act rose sharply between October 2015 and October 2016. The total number of FCRA lawsuits increased from 283 to 355 – a 25.4 percent increase.…
A district court in the Eleventh Circuit has joined the Fifth and Eighth circuits, along with a host of district courts throughout the country, in adopting the “benign language” exception to Section 1692f(8) of the Fair Debt Collection Practices Act, and has dismissed a claim based on a collection letter with a visible barcode containing …
Troutman Sanders is pleased to announce that partner John Lynch has been recognized as an MVP in Consumer Protection by Law 360. The series recognizes MVPs in a variety of categories, including Consumer Protection.
According to Law360, MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters …
In Joseph v. TrueBlue, Inc., the named plaintiff brought a Telephone Consumer Protection Act (TCPA) class action against the workforce staffing company for its alleged text messaging advertisements. TrueBlue recently agreed to a $5 million settlement to end the case.
According to the amended class action complaint, TrueBlue sent text message “Job Alert” advertisements …
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