A new putative class action lawsuit has been filed against the hotel chain owned by Donald Trump in the United States District Court for the Southern District of Illinois, after the hotel chain revealed that it had been the subject of a data breach. The suit asserts claims under “state consumer protection laws” and “state
Class Actions
Following Oral Argument, Supreme Court Appears Split on Whether Offer of Judgment Moots Case
Does a case become moot, and thus beyond the judicial power of Article III, when the plaintiff receives an offer of complete relief on his claim? The Supreme Court is set to answer this constitutional question after hearing oral arguments in Campbell-Ewald Company v. Gomez on October 14.
As we previously reported, Gomez involves …
Join Us for The Knowledge Group Webcast on November 16
We are pleased to announce that Troutman Sanders partners David N. Anthony and Ronald I. Raether, Jr. will present “The Impact of Fair Credit Reporting Act in the Regulatory Enforcement and Developments of Financial Services” during a live webcast on Monday, November 16 from 3-5 p.m. EST. The speakers will provide an overview of the …
California Remains at Forefront of Privacy Regulation
In 2003, California was the first state to enact a data breach reporting statute. The state continues its trend of being a leader in privacy regulation by enacting a new law that provides residents with stronger data protections and exposes companies to new liabilities.
On October 8, California Governor Jerry Brown approved Senate Bill 178, …
CFPB Holding Consumer Advisory Board Meeting in October; Topics Will Include Arbitration
The Consumer Financial Protection Bureau announced that it will hold a meeting of the Consumer Advisory Board with Director Richard Cordray discussing topics such as arbitration, trends, and themes in the marketplace, and reaching limited English-speaking consumers.
The meeting will take place on Thursday, October 22, from 10:00 a.m. until 3:30 p.m. EDT in the …
CFPB Plans to Pave the Way for Yet More Class Actions Against Financial Services Companies
According to remarks made by Consumer Financial Protection Bureau (“CFPB”) Director Richard Cordray on October 7, 2015 (and a subsequent press release), the CFPB is planning to issue regulations that would prohibit many financial services companies from requiring consumers to waive their right to bring a class action lawsuit via a pre-dispute arbitration agreement…
Federal Court in Illinois Holds That Display of Debtor’s Account Number on Envelope Violates FDCPA
On September 30, Judge Joan B. Gottschall of the Northern District of Illinois issued a decision stating that the display of a debtor’s account number through an envelope window violated the Fair Debt Collection Practices Act.
In Adkins v. Financial Recovery Services, Inc., the plaintiff filed a class action suit in Illinois on behalf …
Federal Court in Illinois Holds That “Nonsensical” String of Letters and Numbers on Debt Collection Envelope Does Not Violate FDCPA
On September 3, Judge Edmond E. Chang of the Northern District of Illinois issued a decision stating that the display of a series of letters and numbers – in which the debtor’s account number was allegedly embedded – through an envelope window does not violated the Fair Debt Collection Practices Act.
In Schmid v. Transworld …
National Restaurant Chain Hit with Background Screening Class Action
In another example of the continuing increase in background screening-related class actions, a national restaurant chain was on the receiving end of a class action lawsuit. In the nationwide class action, filed in the Central District of California, the plaintiff claims the restaurant violated the Fair Credit Reporting Act (FCRA) by failing to provide an …
Two Speeches in Three Days: Protecting Privacy and Consumer Data in the Digital Age is FTC Priority
Federal Trade Commissioner Julie Brill promoted the FTC’s role as the nation’s leading consumer protection and privacy agency with respect to Internet, social media, and smartphone technology in two recent speeches occurring over a three–day span. In both speeches, Brill referenced and reiterated the FTC’s concerns regarding data collection, the interface of …