On May 16, 2016, the Supreme Court issued its highly anticipated decision in Spokeo, Inc. v. Robins. In Spokeo, the Court addressed the issue of whether the Plaintiff alleged a sufficient injury-in-fact to satisfy Article III standing requirements. The case was ultimately vacated and remanded based on the Ninth Circuit’s failure to address
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Campbell-Ewald Court Rejects Defendant’s Attempt to Pay Up
As we previously reported, the Supreme Court recently issued its decision in Campbell-Ewald Co. v. Gomez, where the Court held that an unaccepted offer that would fully satisfy a plaintiff’s individual claim is insufficient to render that claim moot in a class case. The Supreme Court’s opinion, however, left open the question of …
FTC Hosts FinTech Forum on Marketplace Lending
On June 10, Troutman Sanders attended the Federal Trade Commission’s FinTech Forum on marketplace lending. The event marked the first in the FTC’s FinTech Forum series, which is part of the FTC’s ongoing efforts to examine marketplace lending and its impact on consumers. The topics discussed during the forum included adequate …
CFPB Authority Limited by Federal Court
On April 21, the United States District Court for the District of Columbia held that the Consumer Financial Protection Bureau exceeded its authority when it issued a Civil Investigative Demand (“CID”) to the Accrediting Council for Independent Colleges and Schools (“ACICS”), an accreditor of for-profit colleges. Notably, this is the first time that the …
Troutman Sanders Lawyers Publish Consumer Financial Regulation Survey
We are pleased to announce that Troutman Sanders attorneys David Anthony, Ashley Taylor, Paige Fitzgerald, and Laura Anne Kuykendall published a survey through Thomson Reuters which focuses on consumer financial regulation issues for the Commonwealth of Virginia. The survey is formatted as a question and answer guide, and addresses state-specific laws governing…
Texas AG Reaches AVC With PayPal
On May 20, PayPal entered into an Assurance of Voluntary Compliance (AVC) with the Texas Attorney General over allegations that it failed to clearly explain how the personal information belonging to users of its Venmo mobile payment application would be used and with whom it would be shared.
The AVC stems from Texas Attorney General…
California Federal Court Tentatively Approves $5.7 Million Deal to Settle Class Action Alleging FCRA Violations Based on Background Checks
On May 23, a California federal judge issued a written tentative ruling indicating that she would likely approve AutoZone, Inc.’s agreement to pay $5.7 million to settle claims that the company illegally ran credit checks on 200,000 prospective employees.
In September 2014, two individuals filed suit on behalf of a class against AutoZone in the …
Join Us for a Complimentary Webinar on Best Practices for Banks in Third-Party Payment Processing
We are pleased to announce that Troutman Sanders partner Keith Barnett will be a featured speaker during a live webinar entitled “Best Practices for Banks in Third-Party Payment Processing” on Thursday, June 9 at 2:00 p.m. EDT.
Banks with third-party payment processor (TPPP) customers have received a great deal of regulatory scrutiny over the past…
Court Finds Plaintiff’s Background Check Disclosure Claim Against Target Misses the Bullseye
In Just v. Target Corporation, the plaintiff alleged that Target willfully violated the Fair Credit Reporting Act by providing him with a background check disclosure form that did not consist “solely of the disclosure” that a background check would be obtained. In a victory for employers, the court dismissed the plaintiff’s allegations at the…
Citing Spokeo, Maryland District Court Remands Putative Data Breach Class Action
Citing the Supreme Court’s recent decision in Spokeo, Inc. v. Robins, a Maryland District Court judge remanded a putative data breach class action for lack of Article III standing and subject matter jurisdiction. The opinion serves as an early indication of the added hurdles facing prospective data breach class action plaintiffs under Spokeo.
Plaintiff …