A proposed class action against Dave & Buster’s Inc., accusing the restaurant and entertainment chain of violating the Fair Credit Reporting Act by using background checks to make adverse employment decisions without sharing the results with employees or applicants, was dismissed with prejudice after the parties submitted a joint stipulation for dismissal. The suit was
California Federal Judge Dismisses TCPA Claim, Holds Express Consent Passed from Creditor to Collector
A federal judge recently dismissed a plaintiff’s Telephone Consumer Protection Act (“TCPA”) claim, holding that the consumer had given prior express consent to be contacted by her creditor’s collection agents regarding the underlying credit card debt.
Ashley Schwartz-Earp provided her cell phone number to a JC Penney cashier as part of a store credit card
Stolen Laptop Leads to $3.9 Million Settlement for HIPAA Violations
Last week, a New York health conglomerate reached a settlement with the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”), over potential Health Insurance Portability and Accountability Act (“HIPAA”) violations stemming from the theft of an employee laptop.
The OCR first
District Court Gives TCPA Amendment Retroactive Effect, Benefiting Debt Collectors
In 2015, Congress amended the Telephone Consumer Protection Act to create an exemption to the statute’s autodialer restrictions for calls made solely to collect a debt owed to or guaranteed by the United States. On March 31, the United States District Court for the Northern District of California gave this amendment retroactive effect, to the
FTC Commissioner Brill to Resign
Commissioner Julie Brill with the Federal Trade Commission recently announced that she will step down at the end of this month to enter private practice.
Brill was appointed by President Obama and sworn in on April 6, 2010. Prior to joining the FTC, Brill was the Senior Deputy Attorney General and Chief of Consumer Protection
Supreme Court Declines Review of “Ascertainability” Issues
On February 29, the Supreme Court denied certiorari review in Mullins v. Direct Digital, LLC, No. 15-1776. The Mullins decision, which arose out of the Seventh Circuit, created a circuit split with the Eleventh and Third circuits with respect to the implicit “ascertainability” requirement that those two circuits had found precluded class certification.
Join Us for the Consero Financial Services & Insurance Litigation Forum April 17-19
We are pleased to announce that Troutman Sanders partners John Lynch and Ashley Taylor will be featured speakers at this year’s Consero Financial Services & Insurance Litigation Forum on April 17-19 at The Biltmore Miami – Coral Gables.
Consero’s 2016 Financial Services & Insurance Litigation Forum will address current and looming legal and business challenges
Join Us for the American Conference Institute Blockchain & Distributed Ledger Technology Conference
We are proud to announce that Troutman Sanders partner Keith Barnett will be a featured speaker at the upcoming ACI Blockchain & Distributed Ledger Technology Conference at the Carlton Hotel in New York City on April 13-14.
Building on the Prepaid Card Compliance and Emerging Payment Systems conferences, and in response to demand
House Democrats Join Senate Colleagues With Introduction of Identical HANGUP Act
House Democrats have joined an effort to ensure that the Telephone Consumer Protection Act of 1991 (“TCPA”) applies to calls to collect government-backed debt. We previously reported that on November 4, 2015, Sen. Edward Markey (D-Mass.) introduced the Help Americans Never Get Unwanted Phone calls Act of 2015, also known as the
Join Us at Practising Law Institute’s 21st Annual Consumer Financial Services Institute
We are proud to announce that Troutman Sanders partner David Anthony will be a featured speaker at the Practising Law Institute’s 21st Annual Consumer Financial Services Institute at the Practising Law Institute (PLI) Center in New York City on April 4-5.
In its 21st year, the Institute will focus on a broad array