On September 13, the U.S. House of Representatives Financial Services Committee passed an amended version of the Financial CHOICE Act, which will result in significant changes to the Consumer Financial Protection Bureau if it becomes law. The amended CHOICE Act would reform the CFPB’s structure and limit its regulatory authority, while also repealing several sections
Troutman Sanders Publishes Regulatory Report for Payment Processors
Troutman Sanders’ Regulatory and Enforcement practice published its first Regulatory Report for Payment Processors in September. The report includes the feature article “Getting Your Legal House in Order: Key Considerations for Selling Your Payment Processing Business,” written by Tyler Dempsey and Cot Eversole.
The report also features several recent regulatory and enforcement updates affecting
Join Us on October 5 for Cybersecurity in Financial Institutions Complimentary Webinar
You cannot control when a data breach or other cyber incident will occur at your financial institution, but you can control how you prepare for it. Cyberattacks and incidents are increasing across every industry. This holds true for large financial players and small community banks alike. The rise of these incidents will have an impact
FTC Seeks Comment on Disposal Rule
On September 12, the Federal Trade Commission announced that it is seeking comment on its rule regarding the Disposal of Consumer Report Information and Records. Under the Disposal Rule, a person is required to properly dispose of consumer information by taking reasonable measures to protect against unauthorized access or use of the information in
Federal Court Finds for CFPB in Tribal Lending Case
In an opinion issued in a case previously discussed on this blog, a federal district court has found that a California loan company violated federal law by issuing high-interest loans through a separate company based on tribal lands. The company made the loans to consumers in states where the usury law would ordinarily bar the
DISH Network Agrees to Settle Fair Credit Reporting Act Claims
DISH Network, LLC and DISH Network Service, LLC have agreed to pay $1.75 million to settle class action claims that they violated certain provisions of the Fair Credit Reporting Act related to ordering consumer reports for employment purposes. The December 4, 2012 complaint alleged that DISH required companies contracted to install DISH products to obtain
District Court Dismisses FDCPA Action Upon Finding of Proper Validation Notice
On August 23, the U.S. District Court for the District of New Jersey dismissed an action against a collection agency on issues related to a validation notice. In Rosa v. Encore Receivable Management, Inc. et al., No. 15-cv-02311, the plaintiff alleged that the collection agency sent letters to at least 50 people in New
Third Circuit Affirms Dismissal of Data Breach Class Action Against Benecard
The Third Circuit recently affirmed a District Court’s dismissal of a data breach class action against Benecard Services Inc. (“Benecard”).
Benecard is a prescription benefit administrative services company that provides mail and specialty drug dispensing, managed vision services, and contact lens mail order services to public and private sector organizations. The instant case arose from
TCPA Case Dismissed in Part on Economic Damages Analysis
A plaintiff filed a complaint against an online university, alleging claims under the Telephone Consumer Protection Act and the Illinois Consumer Fraud and Deceptive Business Practices Act (“ICFA”) relating to the defendant’s alleged repeated and unsolicited calls to the plaintiff’s cell phone.
The defendant, Ashford University, LLC, allegedly called plaintiff Melissa Nelson’s cell
Georgia Debt Collectors Banned from Debt Collection Business
In August, the United States District Court for the Northern District of Georgia entered the Federal Trade Commission’s stipulated order banning a group of debt collectors from the debt collection business and collectively fining them $4.4 million.
The FTC filed a Complaint in November 2015 against defendants National Client Services LLC, Omar Smith, and Ernest