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
Henry Schein Practice Solutions, Inc. to Pay $250,000 Under Final FTC Order
On May 20, the FTC approved its final order resolving its Complaint against Henry Schein Practice Solutions, Inc. (“Schein”), which came after the expiration of a public comment period. Schein is a provider of office management software for dental practices.
The FTC’s Complaint alleged that Schein misrepresented the encryption capabilities of its Dentrix G5
FTC Adds Three New Defendants in Tech Support Scam Case
The Federal Trade Commission, Connecticut, and Pennsylvania have added three new defendants and new charges in a case pending in the United States District Court for the Eastern District of Pennsylvania, alleging that the defendants deceived consumers into buying unneeded tech support services. According to the amended complaint, the defendants allegedly pretended to represent
CFPB Announces Rulemaking Agenda for Remainder of 2016
Twice a year, federal agencies must update and release their regulatory agendas for the current year. The agendas track agency actions through the phases of federal rulemaking, which often takes months (if not years), and provide insight into an agency’s plans. On May 18, the Consumer Financial Protection Bureau released its Spring 2016 rulemaking agenda.
CFPB Warns of Debt Risks for Car Title Loans, Foreshadows Upcoming Regulation
On May 18, the Consumer Financial Protection Bureau issued a 24-page report regarding consumer usage and default patterns for vehicle title loans. Such loans are made to borrowers who sign over their car titles as collateral, and are commonly made to individuals with poor credit histories in need of fast cash. Although the borrower retains
Seventh Circuit Rules Debt Collectors Do Not Violate FDCPA By Dismissing Lawsuits Prior to Trial
On May 19, the Seventh Circuit Court of Appeals ruled that debt collectors who filed collection lawsuits and then dismissed them prior to trial did not violate the Fair Debt Collection Practices Act.
Section 1692e(5) of the FDCPA prohibits debt collectors from using a false, deceptive, or misleading representation to threaten to take an action
Illinois Appellate Court Rejects Coverage for Blast-Fax Class Action Under the TCPA
On May 18, 2016, in First Mercury Insurance Company v. Nationwide Security Services, Inc. et al., the First District of the Illinois Appellate Court affirmed the Circuit Court of Cook County’s ruling of no coverage after the insured settled a “Blast-Fax” class action lawsuit brought under the Telephone Consumer Protection Act. The TCPA provides
Federal Housing Administration Proposes Rule for its Reverse Mortgage Program
On May 19, 2016, the Federal Housing Administration proposed a rule that would codify several changes to FHA’s Home Equity Conversion Mortgage (HECM) program that were previously issued under the authority granted to HUD in the Housing and Economic Recovery Act of 2008 and the Reverse Mortgage Stabilization Act of 2013. The proposed rule would
Join Us for a Troutman Sanders Webinar: A Year in Review – TCPA Developments since the FCC’s Landmark Declaratory Ruling
Join Troutman Sanders partners Alan Wingfield and Chad Fuller, and associate Virginia Flynn for a webinar entitled, “A Year in Review – TCPA Developments since the FCC’s Landmark Declaratory Ruling,” on Tuesday, June 7, from 12:00-1:00 p.m. EDT.
The Federal Communications Commission’s landmark July 10, 2015 Declaratory Ruling interpreting the Telephone Consumer Protection Act