On November 7, the United States District Court for the Southern District of California granted final approval of the class settlement in Stemple v. QC Holdings, Inc., No. 3:12-cv-01997 (S.D. Cal.). The plaintiff in the case alleged that QC Holdings, a check-cashing and short-term loan company, negligently and willfully violated the Telephone Consumer
Join Us on November 10 for a Discussion on Spokeo
Join Troutman Sanders partners David N. Anthony and Ronald I. Raether, Jr. for a complimentary webinar discussion on November 10 at 12:00 noon EST on the Spokeo Inc. v. Robins case which was decided by the United States Supreme Court on May 16, 2016. Troutman Sanders has been following this case throughout its lifecycle and
TD Bank USA Escapes State Law Credit Reporting Class Action
On October 24, the Middle District of Pennsylvania dismissed a putative class action against TD Bank USA, holding that the plaintiff’s state law claims were preempted by the Fair Credit Reporting Act. The case is Prukala v. TD Bank United States, 2016 U.S. Dist. LEXIS 146614 (M.D. Pa. October 24, 2016).
Plaintiff Michael Prukala
TCPA Case Survives Spokeo Motion to Dismiss
On October 19, the United States District Court for the District of New Mexico denied defendants’ motion to dismiss a TCPA putative class action on Spokeo grounds.
In LaVigne v. First Community Bancshares, Inc., et al., the plaintiff contends that the defendants called her on her cell phone approximately 195 to 265 times using
Judge Grants Summary Judgment for Bank of America in Putative FCRA Disclosure and Authorization Class Action
On October 13, Judge Christina A. Snyder of the United States District Court for the Central District of California granted summary judgment in favor of Bank of America and other defendants in a putative Fair Credit Reporting Act class action. In Robert Berrellez v. Pontoon Solutions, Inc. et al., No. 2:15-cv-01898, the plaintiff alleged
Motion for Class Certification Filed Against Costco in FCRA Lawsuit
On October 12, the named plaintiff in a Fair Credit Reporting Act class action asked the Northern District of Illinois to certify her putative class against Costco Wholesale Corporation.
According to the Complaint, the plaintiff used her credit card to make a purchase at one of Costco’s stores in January 2016. By the time she
Illinois Court Refuses to Dismiss Case After Tender of Monetary Relief as Courts Continue to Wrestle with Campbell-Ewald Aftermath
In Practice Management Support Services v. Cirque Du Soleil, Inc., the United States District Court for the Northern District of Illinois denied the defendants’ motion for summary judgment that followed a Rule 67 motion to deposit $15,000 to moot the plaintiff’s claim for relief under the Telephone Consumer Protection Act. The plaintiff seeks, on
Preliminary Approval of $10.5M TCPA Class Action Settlement Granted
On September 28, the United States District Court for the Central District of California preliminarily approved a $10.5 million Telephone Consumer Protection Act class action settlement against Dun & Bradstreet Credibility Corporation (“DBCC”). According to the class action complaint that was originally filed in April 2015, DBCC, a seller of credit-building and credibility solutions for
Join Us at ACI’s 20th Advanced Global Legal and Compliance Forum on Privacy & Security of Consumer and Employee Information
We are pleased to announce that Troutman Sanders partner Ron Raether will be a featured speaker at the American Conference Institute’s 20th Advanced Global Legal and Compliance Forum on Privacy & Security of Consumer and Employee Information, taking place October 13-14 in San Francisco.
Ron will participate on a panel entitled “Big Data in
Illinois Appellate Court Reverses Ruling in Favor of Neiman Marcus in Background Check Case
On September 27, the Illinois Court of Appeals reversed a ruling in favor of Neiman Marcus, finding that the department store violated the Illinois Employee Credit Privacy Act, 820 ILCS 70/1 et seq., when it ran background checks on potential employees. The Act prohibits an employer from inquiring into a potential employee’s credit history,