As we previously reported, section 301(b) of the Bipartisan Budget Act of 2015 permits an exception to the Telephone Consumer Protection Act of 1991 for calls and text messages “made solely to collect a debt owed to or guaranteed by the United States.” The TCPA generally prohibits calls made and text messages sent utilizing
Fifth Circuit Rejects Borrower’s Wrongful Foreclosure Claims
In a recent published opinion, the United States Court of Appeals for the Fifth Circuit rejected a borrower’s claims for breach of contract, negligence, wrongful foreclosure, and violations of the Texas Deceptive Trade Practices Act (“DTPA”). The plaintiff was awarded legal possession of the property as part of a divorce proceeding. At origination, the
Join Us for a Webinar on the Intersection of UDAAP and Payment Processing
We are pleased to announce that Troutman Sanders partner Keith Barnett will be a featured speaker during a live webinar entitled “UDAAP and Third Party Payment Processors” on Monday, March 7 from 12:00 noon to 1:00 p.m. EST.
In its enforcement actions, the Consumer Financial Protection Bureau has expanded the scope of what
FTC and Maine Attorney General Action Against Weight Loss Supplement Sellers Results in Joint $16.4 Million Settlement
The FTC and Maine Office of the Attorney General recently announced a joint settlement with two Portland–based sellers of weight loss supplements. The joint complaint filed in the United States District Court for the District of Maine alleged that Anthony Dill, his wife Staci Dill, and their two companies, Direct Alternatives and Original
ASUS Settles with FTC Over Router Security
In February, the FTC settled claims against Taiwan-based computer hardware maker ASUSTek Computer, Inc. over allegations the company misled consumers about the security of its routers and cloud services. ASUS routers are used primarily in private homes to establish internet connections for personal devices such as laptops, tablets, and phones. The cloud services were provided
California’s Yvanova Decision Signals New Wave of Borrower Claims in Mortgage Litigation
On February 18, the California Supreme Court issued a potentially far-reaching decision in Yvanova v. New Century Mortgage Corp., in which it ruled that certain mortgage borrowers have standing to sue for wrongful foreclosure based on a void assignment of the promissory note or deed of trust. Although the Court limited the scope of
FTC Settles Enforcement Action Against Bitcoin Mining Operation
On February 18, the Federal Trade Commission announced that it had settled charges against Butterfly Labs and two of its operators stemming from the alleged deception of consumers regarding new mining machines for the virtual currency, Bitcoin. According to the FTC, the company and its corporate officers charged consumers thousands of dollars for its Bitcoin
Join Us for ACI’s 12th Cyber & Data Risk Insurance Conference in Chicago
We are pleased to announce that Troutman Sanders partner Ron Raether will be a featured speaker at the American Conference Institute’s 12th Cyber & Data Risk Insurance Conference in Chicago. The conference will take place over the course of two days and will address matters of critical importance to the cyber and data
Court Allows FCRA Employment Background Check Lawsuit to Proceed Based on Strict Interpretation of the “Solely of the Disclosure” Requirement
In Robrinzine v. Big Lots Stores, Inc., the plaintiff brought what has become a familiar class action claim against employers under the Fair Credit Reporting Act (“FCRA”). According to the complaint, when Robrinzine applied for employment with Big Lots, she received a disclosure form informing her that a background check would be procured. She
Illinois Amends Laws Regulating Debt Collection
On January 29, Illinois enacted Senate Bill 1369. The bill makes certain revisions and amendments to the prior debt collection requirements that were enacted within the state in 2015. The law is effective immediately.
Among other provisions, the law adds the following definitions to the debt collection statute:
- “Collection agency” means any person who,