Monitoring the financial services industry to help companies navigate through regulatory compliance, enforcement, and litigation issues
Law360, New York (June 30, 2016, 4:42 PM ET) —
The Eighth Circuit’s recent ruling in Sandusky Wellness Center LLC v. Medtox Scientific Inc. on ascertainability deepened a circuit split on one of the most important and challenging class certification issues. Until theU.S. Supreme Court resolves the split, the legal standard for ascertainability…
In a new class action complaint filed in U.S. District Court for the District of Columbia, a Nevada man says that Fannie Mae illegally inquired into his consumer credit information.
According to the complaint in Bailey v. Federal National Mortgage Association (“Fannie Mae”), Plaintiff had a home mortgage that was transferred to Fannie Mae. Plaintiff…
We are pleased to announce that Troutman Sanders partner John Lynch will be a featured speaker at the American Conference Institute’s 26th National Conference on Consumer Finance Class Actions & Litigation on July 29, 2016 at the Omni Chicago Hotel.
John will participate in a panel entitled, “The Telephone Consumer Protection Act (TCPA): Litigation…
A new putative class action against Petco Animal Supplies Inc. was filed in the U.S. District Court for the Southern District of California. The complaint challenges Petco’s form of disclosure for employment background checks.
“By embedding its purported disclosure in an employment application and including extraneous information within and around the disclosure, defendant disregarded …
As we previously reported, the Supreme Court recently issued its decision in Campbell-Ewald Co. v. Gomez, where the Court held that an unaccepted offer that would fully satisfy a plaintiff’s individual claim is insufficient to render that claim moot in a class case. The Supreme Court’s opinion, however, left open the question of …
On May 23, a California federal judge issued a written tentative ruling indicating that she would likely approve AutoZone, Inc.’s agreement to pay $5.7 million to settle claims that the company illegally ran credit checks on 200,000 prospective employees.
In September 2014, two individuals filed suit on behalf of a class against AutoZone in the …
Citing the Supreme Court’s recent decision in Spokeo, Inc. v. Robins, a Maryland District Court judge remanded a putative data breach class action for lack of Article III standing and subject matter jurisdiction. The opinion serves as an early indication of the added hurdles facing prospective data breach class action plaintiffs under Spokeo.
Plaintiff …
Twice a year, federal agencies must update and release their regulatory agendas for the current year. The agendas track agency actions through the phases of federal rulemaking, which often takes months (if not years), and provide insight into an agency’s plans. On May 18, the Consumer Financial Protection Bureau released its Spring 2016 rulemaking agenda.…
On May 18, 2016, in First Mercury Insurance Company v. Nationwide Security Services, Inc. et al., the First District of the Illinois Appellate Court affirmed the Circuit Court of Cook County’s ruling of no coverage after the insured settled a “Blast-Fax” class action lawsuit brought under the Telephone Consumer Protection Act. The TCPA provides…
On May 16, 2016, a unanimous U.S. Supreme Court ruled that private attorneys hired by states to collect back taxes and other debts did not mislead investors by sending collection letters to borrowers using the state Attorney General’s letterhead. The Court found that the attorneys were acting as agents of the Attorney General and, therefore,…
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