Lawsuits under the Fair Credit Reporting Act resulting from allegedly inaccurate background checks do not appear to be going away. Just last week, plaintiff Michelle Petry filed a class action against IDE Management d/b/a Cathedral Health Care Centers, in the Southern District of Indiana, claiming that she was denied a job as a
Class Actions
Favorable Spokeo Decision Handed Down in Eastern District of Virginia
On April 17, the Eastern District of Virginia dismissed sua sponte a suit against a collection agency alleging that the debt collector failed to properly update the plaintiff consumer’s credit report, thereby violating the Fair Debt Collection Practices Act. Relying on the U.S. Supreme Court’s decision in …
$5.3M Settlement of TCPA Class Action Against Taxi Cab Companies Preliminarily Approved
The United States District Court for the Western District of Washington preliminarily approved a $5.3 million settlement of a Telephone Consumer Protection Act class action against taxi cab companies Orange Cab Company, Inc. and RideCharge, Inc.
According to the complaint, the defendants worked together to develop an app, known as “Taxi Magic,” for cell …
Join Us for a Complimentary Webinar – Post-Spokeo Survey – An Analysis of Trends and Developments in the Courts
On Wednesday, April 19 from 12-1 p.m. ET, Troutman Sanders attorneys Mary Zinsner and Jon Hubbard will present a survey of consumer protection decisions from across the country interpreting and applying the Supreme Court’s ruling in Spokeo, Inc. v. Robins. The decisions from the federal circuits are conflicting and some “no-injury” class action proceedings…
District of New Jersey Tosses FDCPA Putative Class Action
The United States District Court for the District of New Jersey recently dismissed a putative Fair Debt Collection Practices Act class action against defendant debt collector, Retrieval-Masters Creditors Bureau, Inc. (“RMCB”), over allegedly violative letters dealing with unpaid E-ZPass tolls. A copy of the opinion can be found here.
As background, plaintiff Thomas E.…
Troutman Sanders Welcomes Amy Pritchard Williams
Troutman Sanders LLP announced today that Amy Pritchard Williams has joined the firm’s Financial Services Litigation practice in the Charlotte office. She previously practiced at K&L Gates LLP.
Williams’ practice focuses on financial services litigation and bankruptcy. She represents financial institutions in connection with False Claims Act actions, internal investigations and government investigations. She also…
Ninth Circuit Reverses District Court’s Dismissal of Putative TCPA Class Action
The Ninth Circuit recently reversed a lower court’s dismissal of a Telephone Consumer Protection Act (TCPA) putative class action against Adir International, LLC (“Adir”), holding that Plaintiff Ned Flores (“Flores”) sufficiently alleged that Adir used an automatic telephone dialing system (“ATDS”) to send text messages to Flores.
According to the First Amended Complaint, Adir is…
Largest Settlement of FACTA Class Action Against Restaurant Chain Granted Preliminary Approval
On March 23, the United States District Court for the Southern District of Florida granted preliminary approval of a nearly $31 million Fair and Accurate Credit Transactions Act (“FACTA”) class action settlement against Doctor’s Associates, Inc., doing business as Subway – the largest settlement to date in the history of FACTA.
According to the c…
Join Troutman Sanders at the Third Party Payment Processors Annual Conference in Washington, DC
We are pleased to announce that Troutman Sanders partners Keith Barnett, Ashley Taylor and David Anthony will be featured speakers at the 2017 Third Party Payment Processors Association (“TPPPA”) Annual Conference taking place May 17-19 at The Westin Washington, DC City Center. Keith and Ashley will participate in a panel to address the current legal…
Court Rejects FCRA Background Check Settlement As Providing Insufficient Recovery For Class Members In Light Of Ninth Circuit Ruling
This past week, the U.S. District Court for the Northern District of California declined to preliminarily approve a class action settlement of a Fair Credit Reporting Act (FCRA) claim because the payment to class members was unreasonably low. In the Court’s view, the class members deserved more in light of the strengths of the plaintiff’s…