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On November 9, 2015, Terria Harris filed an Amended Complaint against Home Depot U.S.A., Inc. in a Fair Credit Reporting Act (“FCRA”) background check class action lawsuit.  In this complaint, she alleged that Home Depot violated the FCRA’s background check disclosure requirement because the disclosure she signed was allegedly “embedded with extraneous information.”  As a…

Debt collectors frequently rely on affidavits that attest to the validity of underlying debt in state court collection actions.  An issue that has garnered attention is the extent to which the debt collector must possess personal knowledge of the facts contained in its supporting collection affidavits.  In Janson v. Katharyn B. Davis, LLC (Case No.…

On January 15, the United States Supreme Court granted a writ of certiorari in the matter of Baker v. Microsoft Corp. on the issue of whether plaintiffs may voluntarily dismiss their suit after class certification is denied as a procedural tactic to guarantee appellate review of an unfavorable class certification decision.

Rule 23(f) allows a…

Can a debt collector leave a message for a debtor with a third party who answers the debtor’s phone?  In Halberstam v. Global Credit and Collection Corp., the District Court for the Eastern District of New York answered in the negative, holding that such action violated the Fair Debt Collection Practices Act (“FDCPA”).…

Fiat Chrysler cars were the only vehicles subject to a cyber-security flaw that allowed “white hat” hackers to take control of a Jeep last July, according to the National Highway Traffic Safety Administration.  White hat hackers are computer security experts who specialize in penetration testing to ensure the security of an organization’s information systems, sometimes…

We are pleased to announce that Troutman Sanders partner Mark Mao will be a panelist at the American Bar Association Midyear Meeting in San Diego, California on Thursday, February 4 at 12:00 noon.  The State Attorneys General and Department of Justice Issues Committee will present “Cars, Cars, Cars!” to address evolving issues in car privacy,…

On January 20, 2016, the United States Supreme Court issued an opinion that addresses a narrow procedural point with major implications for legal risks for companies under the Telephone Consumer Protection Act (TCPA).

Campbell-Ewald Co. v. Gomez addresses whether a class action lawsuit under the TCPA can continue after the defendant makes the plaintiff an…

On December 17, Judge Christina Snyder of the United States District Court for the Central District of California granted a motion to stay a lawsuit under the Telephone Consumer Protection Act (“TCPA”) by Defendant Time Warner Cable (“TWC”).  The Court granted the motion pending the District of Columbia Circuit Court of Appeals’ decision in ACA …

We are pleased to announce that Troutman Sanders partners Keith Barnett and Stephen Piepgrass will participate in a webinar entitled “The Telemarketing Sales Rules and Third Party Payment Processors” on Tuesday, January 26 at 12:00 noon EST. 

The Federal Trade Commission and Consumer Financial Protection Bureau have initiated many investigations and enforcement actions against …

In late December, the Federal Trade Commission and Florida Attorney General filed an amended complaint in an action pending in the United States District Court for the Middle District of Florida that charged nine defendants with violations of the Federal Trade Commission Act, the Telemarketing and Consumer Fraud and Abuse Prevention Act (“Telemarketing Act”), the …