On July 10, the Federal Communications Commission enacted major changes and clarifications to the Telephone Consumer Protection Act of 1991 (“TCPA”). Approved on a contentious 3-2 vote by the FCC commissioners, the FCC released its Declaratory Ruling and Order (FCC 15-72) (“the FCC’s Order”) formally stating its interpretation of numerous provisions of the
Second Circuit: New York City’s Department of Consumer Affairs has Authority to Regulate Law Firms Acting as Debt Collection Agencies
The Second Circuit Court of Appeals recently ruled that New York City’s Department of Consumer Affairs has the authority to regulate law firms’ conduct related to purchasing and collecting consumer debt.
In Eric M. Berman, P.C., et al. v. City of New York, et al., the Second Circuit vacated a 2009 district court ruling
Upsurge in Car Lending Sends Total Auto Debt Above $1 Trillion for First Time
The Federal Reserve Bank of New York released its Household Debt and Credit Report this month. The report, which uses anonymous credit data to generate a nationally representative sample, found that consumers’ overall indebtedness increased $2 billion to $11.9 trillion in the second quarter of 2015.
This number was aided by the increased number of
Third Circuit Upholds FTC’s Authority to Prosecute Companies for Data Breaches
On August 24, 2015, the Third Circuit Court of Appeals affirmed the authority of the Federal Trade Commission (FTC) to bring cases against companies that experience a data breach.
The Third Circuit Court of Appeals ruled the FTC could proceed with a lawsuit alleging hotel chain, Wyndham Worldwide Corp., violated the unfairness and deception prong
Spokeo-Based Stays Gaining Steam in Consumer Litigation
On April 27, 2015, the United States Supreme Court granted certiorari in Spokeo Inc. v. Robins to address the issue of whether Congress may confer Article III standing on a plaintiff who suffers no concrete harm by simply authorizing a private right of action based on the violation of a federal statute alone. Although the
Fourth Circuit: South Carolina’s Automated Call Statute Is Unconstitutional
On August 6, the United States Court of Appeals for the Fourth Circuit affirmed a federal district court decision invalidating South Carolina’s statute banning automated calls for commercial or political purposes. The statute, enacted in 1991, restricted unsolicited automated calls “made for consumer, political, or other purposes.” All qualifying automated calls were prohibited with
FTC Accepting Questions for Regulators on Panels Prior to Second Debt Collection Dialogue in Dallas
The FTC announced the federal and state regulators attending its second “Debt Collection Dialogue” in Dallas will be answering questions from industry members and others who attend the event, including questions about how regulatory enforcement actions are investigated and pursued.
Questions for the FTC and panelists may be submitted by email to questions-debtcollectiondialogue-dallas@ftc.gov,
FCC Levies Record $2.96 Million Fine Against Florida Company for Autodialed Calls
On August 11, the Federal Communications Commission handed down a $2.96 million fine against Travel Club Marketing Inc., related entities, and owner Olen Miller (collectively “Travel Club”), the largest fine in FCC history related to autodialed calls. The fine stems from allegations that the companies violated the Telephone Consumer Protection Act in their telemarketing efforts,
FTC Announces Panel for Next Debt Collection Dialogue
The next “Debt Collection Dialogue” with the Federal Trade Commission is scheduled to occur in Dallas on September 29, 2015. It is the second of three such planned events. Representatives will discuss enforcement actions, consumer complaints, compliance issues, industry best practices, and the process for regulatory enforcement investigations and actions. The panel will include Commission
Seventh Circuit Rules Hospital’s Actions are Not Subject to FCRA
In Tierney v. Advocate Health & Hosps. Corp. (No. 14-3168, 2015 U.S. App. LEXIS 13966 (Aug. 10, 2015)), the Seventh Circuit recently upheld a district court’s dismissal of a proposed class action accusing a hospital of violating the Fair Credit Reporting Act by failing to secure health data maintained on four desktop computers that