On April 8, the United States Court of Appeals for the Ninth Circuit denied defendant TransUnion’s petition for a panel rehearing and petition for a rehearing en banc in Ramirez v. TransUnion LLC, a case that has been monitored closely by credit reporting agencies.
The Ninth Circuit’s February decision in Ramirez represented a notable
The status of the Louisiana Public Service Commission’s (“Commission”) potential enforcement of the available emergency measures pursuant to the Do Not Call General Order (Docket No. R_29617, decided Oct. 11, 2006) (“DNC Order”) has been unclear. While these emergency measures generally have been imposed during prior emergencies, they presently remain unimplemented despite Governor John Bel
In Hassel v. Centric Bank, et al., the United States District Court for the Middle District of Pennsylvania granted a furnisher’s motion to dismiss claims brought under Sections 1681i and 1681s-2(b) of the Fair Credit Reporting Act. In doing so, the Court reinforced the pleading standard for FCRA claims against data furnishers
Senators Sherrod Brown (D-Ohio) and Elizabeth Warren (D-Mass.) last week released a proposal for new consumer protection measures that they claim are critical to helping Americans weather the coronavirus (“COVID-19”) pandemic. Noting that the stimulus payments provided by the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) may not be enough to cover basic
Earlier this month, in Davis v. Carrington Mortgage Services, LLC, et al., the United States District Court for the District of Nevada held that consumer reporting agencies are not obligated to determine the legal status of debts. The Court also reinforced the plausible pleading standard for Fair Credit Reporting Act cases, while providing
Earlier this year, the Consumer Financial Protection Bureau created a Taskforce on Federal Consumer Financial Law to “examine the existing legal and regulatory environment facing consumers and financial services providers and report to [the Bureau] its recommendations for ways to improve and strengthen consumer financial laws and regulations.” To assist the Taskforce, the Bureau recently
On April 7, the Council for the District of Columbia unanimously passed the COVID-19 Response Supplemental Emergency Amendment Act of 2020 (“Emergency Act”) an emergency relief bill for D.C.’s residents and businesses. Title II of the Emergency Act, captioned “Business Development and Consumer Protection,” directly and dramatically affects consumer financial services operations. This legislation includes
On April 3, the West Virginia Supreme Court of Appeals issued another emergency order extending court deadlines. A press release regarding the order can be found here. The Court’s new order delays all court deadlines for matters scheduled to occur during the emergency period between March 23, 2020 and May 1, 2020 to May
On March 31, the United States District Court for the Eastern District of Michigan ruled in favor of a furnisher that reporting a dispute using the Compliance Condition Code of “XB,” and updating its reporting to “XH” after completing its investigation, does not violate the Fair Debt
On April 3, Nevada released new debt collection guidance that clarified existing emergency regulations implemented in response to the coronavirus (“COVID-19”) outbreak. The Deputy Commissioner of the Nevada Department of Business & Industry recently provided some clarification concerning the Department’s March 20 notice to the collection industry.
The Department’s prior notice deemed collection agencies non-essential