BrandRep, the defendant in a Telephone Consumer Protection Act putative class action lawsuit pending in the United States District Court for the Central District of California, recently settled putative nationwide class claims on an individual basis, resulting in dismissal of the case. The settlement came on the heels of BrandRep’s assertion of counterclaims that put
Credit Reporting + Data Brokers
Court Preliminarily Approves $1.2M FACTA Class Action Settlement Against Microsoft
The United States District Court for the Southern District of Florida recently granted preliminary approval of a Fair and Accurate Credit Transactions Act (“FACTA”) class action against Microsoft Corporation.
In Guarisma v. Microsoft Corp., the named plaintiff, Carlos Guarisma, filed a putative class action against Microsoft in November …
FTC Releases Annual Summary of Consumer Complaints
The Federal Trade Commission has released its annual summary of consumer complaints for 2016, contained in the FTC’s latest Consumer Sentinel Network Data Book. The FTC compiles the report annually based on complaints received by the Consumer Sentinel Network. Complaints include those made directly by consumers to the FTC, as well as complaints received…
High Call Volume Not Necessarily a Violation of FDCPA or Rosenthal Act
In Hinderstein v. Advanced Call Ctr. Techs., No. 15-100017 (C.D. Cal. Feb. 27, 2017), a case alleging violation of the federal Fair Debt Collection Practices Act and California’s Rosenthal Fair Debt Collection Practices Act before the United States District Court for the Central District of California, the Court found that a relatively high call …
Kansas Federal Court Grants Partial Approval to Background Check Disclosure Class Action Settlement
On January 25, the United States District Court for the District of Kansas granted partial preliminary approval to the class settlement in Lengel v. HomeAdvisor, Inc., No. 15-2198-KHV. The plaintiff, Emerald Lengel, brought a class action lawsuit in January 2015, alleging that HomeAdvisor, her then-potential employer, violated the Fair Credit Reporting Act. Lengel …
CFPB Indicates Online Complaint Portal Upgrades are Coming
The Consumer Financial Protection Bureau maintains an online portal for consumers to submit complaints across a wide variety of regulated industries, including credit reporting, background screening, and debt collection. The CFPB has announced that it will upgrade its online portal system in early 2017. The CFPB has released a preview document, which states that the …
District of Arizona Grants CenturyLink’s Spokeo Motion in FCRA Class Case
The District of Arizona recently granted a Spokeo motion filed by CenturyLink, holding that plaintiff Lydia Bultemeyer lacked standing to bring a purported class action under the Fair Credit Reporting Act.
In her suit, Bultemeyer alleged that CenturyLink violated the FCRA when it accessed her credit report when she visited the company’s …
Join Us at the NAPBS 2017 Mid-Year Legislative & Regulatory Conference
We are pleased to announce that Troutman Sanders partners David Anthony, Cindy Hanson, Ron Raether, and Ashley Taylor will be featured panelists at the National Association of Professional Background Screeners (“NAPBS”) 2017 Mid-Year Legislative & Regulatory Conference to be held March 20-21 in Arlington, Virginia.
In an interview-style format, David will have …
CFPB Issues Monthly Complaint Snapshot on Credit Reporting
On February 28, the Consumer Financial Protection Bureau released its monthly snapshot highlighting consumer complaints about credit reporting. A copy of the CFPB’s report can be found here.
Debt collection, student loan, and credit reporting were the top three most-complained about consumer financial products and services, representing about 60 percent of complaints submitted in…
TransUnion Agrees to Settlement with CFPB
Late last year, TransUnion agreed to pay approximately $17 million as part of a settlement with the Consumer Financial Protection Bureau in connection with TransUnion’s advertising and marketing practices. The settlement stems from a civil investigative demand that addressed TransUnion’s common industry practices relating to the advertising, marketing, and sale of consumer reports, credit scores,…