In Mattiaccio v. DHA Group, Inc., the plaintiff asserted three counts against his employer and its management under the Fair Credit Reporting Act. The defendants attempted to defeat the plaintiff’s claim by arguing the background check at issue was not a “consumer report” and, therefore, did not trigger the protections of the FCRA. Instead,
Court Approves Use of Social Media to Contact Potential Class Members Whose Mailing Addresses are Otherwise Unknown
A New York federal judge on April 17 approved a group of former Gawker Media LLC interns’ proposed revised plan to notify potential class members of their rights to opt out of a proposed collective action alleging unpaid wages through social media. The same Court had previously rejected a social media campaign as being overbroad
House Adopts Bill Requiring CFPB to Obtain Input From Advisory Boards, Caps Future Funding
On April 22, the House of Representatives passed a bill requiring the Consumer Financial Protection Bureau to solicit input from several advisory boards and to cap the CFPB’s future funding.
H.R. 1195, the Bureau of Consumer Financial Protection Advisory Boards Act, was adopted in a 235-183 vote, after a House committee earlier adopted
TCPA Defendant Asks Supreme Court to Decide Whether Complete Individual Offer of Judgment Moots Putative Class Action Case
Advertising agency Campbell-Ewald Co. began sending text messages through its subcontractor, MindMatic LLC, in 2006 as part of a Navy-approved effort to tap new technologies in recruitment campaigns, the company says. Among the recipients of the message, which began with “Destined for something big? Do it in the Navy,” was the plaintiff who said he
New York City Passes Bill Generally Banning Use of Credit Checks in Employment Decisions
Passed by a vote of 47-3, the Stop Credit Discrimination in Employment Act bans employers in New York City from using potential employees’ credit histories in making employment decisions. The bill amends the city’s Human Rights Law to make it an unlawful discriminatory practice to request or use an applicant’s consumer credit history in making
CFPB Managing Regulatory Counsel Provides Update on Debt Collection Rulemaking
On April 17, Tom Pahl, managing regulatory counsel for the Consumer Financial Protection Bureau Office of Regulations, spoke at ACA International’s Washington Insights Conference about the CFPB’s debt collection rulemaking. According to Pahl, the CFPB currently is focusing on four debt collection related topics for its proposed rulemaking:
- Communication issues;
- Data integrity and information issues;
Data Breach Bill Passes House Committee
On April 15, the House Energy and Commerce Committee approved the Data Security and Breach Notification Act by a 29-20 vote. The bill, H.R. 1770: The Data Security and Breach Notification Act of 2015, was initially backed by Rep. Peter Welch (D-VT) and Rep. Marsha Blackburn (R-TN) but passed along party lines.
The legislation
CFPB Temporarily Suspends Requirement of Quarterly Submission of Card Agreements
On April 15, the Consumer Financial Protection Bureau issued a final rule suspending for one year the requirement under the Truth in Lending Act and implemented by Regulation Z that credit card issuers submit their card agreements to the CFPB on a quarterly basis. The CFPB publishes the agreements to a public database on its
Missouri Judge Grants Summary Judgment in Favor of Debt Collector
On April 13, Judge Beth Phillips, a federal judge in the Western District of Missouri, granted summary judgment in favor of Credit World Services, Inc. (“CWS”) in a case filed by a consumer that owed a debt to CWS (full opinion found here). In the lawsuit, Plaintiff alleges that CWS violated the Fair
FACTA Class Action Filed Against Wisconsin Indian Tribe
On April 14, a putative class action was filed in Wisconsin federal court against the Oneida Tribe of Indians of Wisconsin, claiming that they failed to comply with the credit card receipt truncation requirement of the Fair and Accurate Credit Transactions Act (“FACTA”). According to the named plaintiff, the Oneida Tribe included more than the