On August 25, 2016, the Fourth Circuit held in In re Eric Dubois, Case No. 15-1945, that filing a proof of claim based on a time-bared debt in a Chapter 13 bankruptcy does not violate the Fair Debt Collection Protection Act (FDCPA) when the applicable state statute of limitations does not extinguish the debt.
Northern District of Illinois Holds Third-Party Disclosure Required for FCRA Claim Under § 1681e(b)
Earlier this month, a federal court in the Northern District of Illinois granted a motion to dismiss a claim under 15 U.S.C. § 1681e(b), finding that a credit score purchased by the plaintiff was not a consumer report under the Fair Credit Reporting Act because it was not disclosed to any third
Join Us at ACI’s 2nd National Forum on Data Breach & Privacy Litigation and Enforcement
We are pleased to announce that Troutman Sanders partner Ron Raether will be a featured speaker at the American Conference Institute’s 2nd National Forum on Data Breach & Privacy Litigation, to be held at The Carlton Hotel in New York City September 29-30.
Ron will participate in a panel discussion entitled “Class Actions: Data
CFPB Introduces New Protections for Borrowers
On August 4, 2016, the CFPB issued its final mortgage servicing rule pursuant to Regulation X of the Real Estate Settlement Procedures Act (RESPA) and Regulation Z of the Truth in Lending Act (TILA). The final rule provides greater foreclosure protections to borrowers and requires further transparency between borrowers and mortgage servicers. The final rule
Sprint Agrees to Individual Settlement in Proposed Background Screening Class Action
Earlier this month, Sprint settled, on an individual basis, a proposed FCRA class action accusing the telecommunications provider of asking consumers to waive privacy rights in its consumer disclosure forms.
Specifically, the plaintiff claimed that the disclosure form Sprint used was not in a document that “consists solely of the disclosure” as required under 15
State Legislatures Begin to Consider Bans on Asking About Applicants’ Prior Salary History
Bills have recently been introduced in a number of states that would prohibit prospective employers from inquiring about an applicant’s salary history. These bills are aimed at preventing wage discrimination among workers that perform similar or identical job functions.
These bills follow on the heels of approved legislation in Massachusetts. Massachusetts Senate Bill 2119,
Federal Court Dismisses Putative FCRA Class Action for Lack of Standing and Plausible Willful Violation
On August 19, the United States District Court for the District of Nevada dismissed a putative Fair Credit Reporting Act class action against two taxi companies that had allegedly violated the Fair and Accurate Credit Transactions Act by including the first digit and last four digits of consumers’ credit card numbers
Join Us at the Institute of Continuing Legal Education in Georgia’s Class Actions Seminar
We are pleased to announce that Troutman Sanders partner Cindy Hanson will be a featured speaker at the Class Actions seminar, offered by the Institute of Continuing Legal Education in Georgia, on Friday, September 2.
Cindy will speak on a panel entitled “Offers of Judgment and Mootness after Campell-Ewald,” where she will discuss
FTC Approves Final Settlement Against Cloud-Based Health Records Platform Provider
The FTC has approved a final settlement against Practice Fusion, Inc., a company that describes itself as the “number one cloud-based electronic health record platform for doctors and patients.” The FTC had alleged that Practice Fusion failed to adequately disclose that patient responses to an online healthcare provider satisfaction survey would be published on Practice
California Federal Judge Rejects Class Action Settlement Due to Broad Release Provisions and Inadequate Notice
A California federal judge recently refused to approve a class action settlement jointly recommended by the parties upon a finding that the proposed settlement was not fair, adequate, or reasonable for unnamed class members.
In 2012, consumers filed suit in a California federal court against homeopathic remedy manufacturer Similasan, alleging the company’s packaging and advertising