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
Payment Processor Group Files Amicus Brief in CFPB v. Intercept Case
On August 15, the Third Party Payment Processors Association (“TPPPA”), a national, not-for-profit organization of payment processors, payroll processors, and banks, this week filed a brief, amicus curiae, in support of the defendants’ motion to dismiss in the Consumer Financial Protection Bureau’s lawsuit against Intercept. The TPPPA filed the amicus brief in the United States
Minnesota AG Settles Lawsuit with Online Payday Lender
On August 18, the Minnesota Attorney General announced that it had settled a lawsuit against online money lender CashCall, Inc. The State of Minnesota alleged that CashCall violated Minnesota’s usury, lending, and licensure laws by entering into an arrangement in which a company affiliated with a Native American tribe would loan money to Minnesota citizens
Washington AG Sues Comcast for Alleged Deceptive Practices, Seeks Over $100 Million
The Washington Attorney General has filed a lawsuit against internet and cable company Comcast, alleging more than 1.8 million violations of the Washington state Consumer Protection Act and seeks over $100 million in penalties as well as injunctive relief. The Washington Attorney General’s Office says that the lawsuit is the “first of its kind in
CFPB Uses “Mystery Shoppers” to Combat Home Loan Lending Discriminations
On July 25, the United States District Court for the Northern District of Mississippi signed a consent order among BancorpSouth, the United States Department of Justice, and the Consumer Financial Protection Bureau, whereby BancorpSouth agreed to pay an aggregate of $10.6 million and to adhere to non-monetary penalties arising out of the DOJ’s and CFPB’s
FTC Seeks $22.5 Million in Damages from Debt Collectors
On August 19, 2016, the Federal Trade Commission and the New York Attorney General filed a summary judgment motion against Buffalo, New York area debt collectors who allegedly harassed and threatened consumers into paying millions on debts allegedly owed by the consumers.
The FTC and New York State Attorney General filed a joint Complaint in
Troutman Sanders Expands Financial Services Litigation Practice in Atlanta
Troutman Sanders LLP announced today that Cindy Hanson has joined the firm’s Financial Services Litigation practice as a partner in Atlanta. Prior to joining Troutman Sanders, Cindy was a partner at Kilpatrick Townsend & Stockton LLP.
Cindy focuses on class action defense and has handled hundreds of matters under the Fair Credit Reporting Act (FCRA).
Spokeo’s Impact on Eleventh Circuit FDCPA Case
The Eleventh Circuit recently released an unpublished decision regarding its opinion on the impact of Spokeo on a Fair Debt Collection Practices Act putative class action, finding that the named plaintiff satisfied Article III standing requirement.
In Church v. Accretive Health, Inc., the defendant sent the named plaintiff a letter advising her that she
Ninth Circuit Rules that Court Can Acknowledge Context of Communications in FDCPA Dispute
In Davis v. Hollins Law, the Ninth Circuit recently reversed a lower court’s judgment in favor of the plaintiff on a claim under the Fair Debt Collection Practices Act, finding that the defendant debt collector’s communication was sufficient in context to disclose to the least sophisticated debtor that it was from a debt collector.