On June 6, the Attorney General for the State of North Carolina executed a settlement agreement with a payday lender, Future Income Payments, LLC, arising out of the payday lender’s alleged violation of that state’s usury laws. The settlement agreement requires the lender to pay North Carolina $50,000 in attorneys’ and investigation fees, plus a
All Entries
A Serious Circuit Split On Class Ascertainability
Law360, New York (June 30, 2016, 4:42 PM ET) —
The Eighth Circuit’s recent ruling in Sandusky Wellness Center LLC v. Medtox Scientific Inc. on ascertainability deepened a circuit split on one of the most important and challenging class certification issues. Until theU.S. Supreme Court resolves the split, the legal standard for ascertainability…
FTC Announces $950K Penalty for Deceptive Tracking by Singapore-based Mobile Ad Company
The Federal Trade Commission (“FTC”) issued a press release last week announcing it has assessed $950,000 in civil penalties against Singapore-based mobile advertising company InMobi for alleged violations of the FTC Act and the Children’s Online Privacy Protection Act of 1998 (“COPPA”). The penalty is part of InMobi’s settlement with the FTC over allegations that…
Fannie Mae is Target of New FCRA Class Action
In a new class action complaint filed in U.S. District Court for the District of Columbia, a Nevada man says that Fannie Mae illegally inquired into his consumer credit information.
According to the complaint in Bailey v. Federal National Mortgage Association (“Fannie Mae”), Plaintiff had a home mortgage that was transferred to Fannie Mae. Plaintiff…
CFPB Announces Annual Threshold Adjustments for TILA, CARD, HOEPA, and More
On June 17, 2016, the Consumer Financial Protection Bureau (“CFPB”) announced changes to the dollar amount thresholds for certain consumer credit transactions under the Truth in Lending Act (“TILA”). According to the notice submitted to the Federal Register, these new thresholds could affect minimum interest charges and safe harbor penalty fees under the Credit Card…
Join Us for the ACI Cyber & Data Risk Insurance Conference in New York
We are pleased to announce that Troutman Sanders partner Ronald I. Raether, Jr. will be a featured speaker at the American Conference Institute’s 13th National Forum on Cyber & Data Risk Insurance in New York City on July 29, 2016.
Ron will participate on a panel entitled, “Working Toward Prevention of the Breach: What…
CFPB Argues Violation of Statutory Right against Misrepresentation is in itself Concrete Injury
In Bock v. Pressler & Pressler, LLP, the U.S. Court of Appeals for the Third Circuit requested supplemental briefs applying Spokeo, Inc. v. Robins to the Article III standing issue at bar. As we previously reported, the Court requested targeted discussion on whether a violation of the statutory right at issue was by…
FTC Gets $27 Million Settlement and Continues Trend of Targeting Tech Support Scammers
The Federal Trade Commission (“FTC”) and Florida have settled charges against Vast Tech Support LLC, OMG Tech Help, their founder and COO Mark Donohue, and related companies regarding claims of deceptive marketing of computer software and tech support services. The settlement continues the FTC’s trend of enforcement actions that target scammers who scare consumers into…
Debt Collector Required to Disclose that Disputes Must be “In Writing,” Says the Eleventh Circuit
In Bishop v. Ross Earle & Bonan, P.A., the defendant debt collectors sent a debt collection letter to the plaintiff’s attorney. The letter failed to inform the plaintiff that she must dispute the debt “in writing,” as required by § 1692g of the Fair Debt Collection Practices Act (“FDCPA”). The plaintiff filed suit against…
Third Circuit Set to Address Spokeo in FDCPA Case
Before the Third Circuit addresses whether a four-second review of a debt collection complaint constitutes “meaningful attorney involvement” under the Fair Debt Collection Practices Act (FDCPA), the appellate court will first decide the potential implications of the Supreme Court’s recent decision in Spokeo, Inc. v. Robins.
As we previously reported, Pressler & Pressler…