On November 21, the Director of the Bureau of Consumer Protection of the Federal Trade Commission commented on the National Highway Traffic Safety Administration’s Federal Automated Vehicles Policy. The Director opened the comment with a brief review of the FTC’s focus on privacy and security efforts related to connected devices and the Internet of
District Court Finds Receipt of Allegedly Improper Background Check Disclosure is Sufficient to Confer Standing Under Spokeo
In the wake of the Supreme Court’s decision in Spokeo, Inc. v. Robins, courts and litigants alike have been trying to determine the contours of constitutional standing when it comes to procedural violations of consumer protection statutes. This past week, the District Court for the Central District of California weighed in, finding in favor
CFPB Sues Company and Outside Counsel for Alleged Violations of State Law Concerning Structured Settlement Factoring
On November 21, the Consumer Financial Protection Bureau filed a lawsuit in a Maryland federal court against Access Funding, a company that purchases structured settlement payments in exchange for a discounted lump sum. The Bureau also sued the company’s Chief Executive Officer, Chief Operating Officer, and an outside attorney who provided “independent professional advice” to
Parties Seek Final Approval of $2.15 Million TCPA Class Action Settlement Against Marketing Services Company
On November 17, the named plaintiff in Toney v. Quality Resources, Inc., et al. asked an Illinois federal court for final approval of a Telephone Consumer Protection Act (TCPA) class action settlement agreement.
As background, in December 2012, Sarah Toney ordered three pairs of children’s slippers online from a website operated by Stompeez. The website
Casino Settles TCPA Class Action in Alabama Federal Court
The United States District Court for the Southern District of Alabama recently granted final approval of a class action settlement against Boyd Biloxi LLC, alleging that Biloxi sent telemarketing messages that violated the Telephone Consumer Protection Act.
The class action Complaint was originally filed on July 16, 2014. The named plaintiff alleged that Biloxi
Consumers Duped by Telemarketing Debt Collection Scheme Will Soon See Refund Payment
The Federal Trade Commission has begun mailing checks totaling over $830,000 to almost 3,500 consumers who fell victim to a telemarketing debt collection scheme targeting Spanish-speaking consumers for payment of bogus debts. Centro Natural Corp, Sumore LLC, and several individuals operated a telemarketing debt collection scam that used international callers who claimed to be government
Join Us on December 14 for a Webinar on Impact of Trump Administration for Banking & Financial Services Industry
Join Troutman Sanders Partners Ashley L. Taylor, Jr., Alan D. Wingfield and Mary C. Zinsner for a complimentary webinar to discuss likely impact points for the banking and financial services industry when President-Elect Donald Trump begins his administration in January 2017.
Specific topics of discussion include the potential repeal in whole or part of the
Ninth Circuit Holds Trustees Performing Non-Judicial Foreclosures Are Not Debt Collectors Pursuant to FDCPA
The Ninth Circuit recently broke from other circuit courts across the country and held that a trustee to a security agreement is not a debt collector pursuant to the Fair Debt Collection Practices Act. The case is Vien-Phuong Thi Ho v. Recontrust Co., N.A., No. 10-56884, 2016 U.S. App. LEXIS 18836 (9th Cir. Oct. 19,
FTC Alleges Prepaid Card Company Deceptively Marketed Reloadable Debit Cards
On November 10, the Federal Trade Commission filed a complaint in the Northern District of Georgia against NetSpend Corporation, alleging that the company repeatedly deceived consumers about their ability to access funds deposited on the company’s debit cards.
NetSpend markets, sells, and services prepaid debit cards, including general purpose reloadable cards. According
$49.9 Million TCPA Class Action Settlement Granted Final Approval
On November 9, the United States District Court for the Northern District of Illinois granted final approval of a $49.9 million Telephone Consumer Protection Act class action settlement against US Coachways, Inc.
The original Complaint was filed against US Coachways on July 29, 2014, alleging that the motor coach leasing company sent out thousands of