Effective January 3, 2017, the Office of Personnel Management will require that, unless an exception has been granted, federal hiring agencies cannot inquire into an applicant’s criminal history or adverse credit information until after a conditional offer of employment has been made. This federal initiative is consistent with, and provides a timely reminder of, the
CFPB Signals Intent to Move Forward With System Allowing Consumers to Rate Companies’ Responses to Complaints
According to a Federal Register notice published on November 29, the Consumer Financial Protection Bureau is soliciting further comments on its proposal to provide consumers with the option to fill out a short survey on their satisfaction with companies’ resolution of consumer complaints. In the notice, the CFPB described the proposal:
The purpose of this
Cross-Motions for Summary Judgment Filed in Costco FCRA Class Action
As we previously reported, the named plaintiff in Paci v. Costco Wholesale Corporation filed a Fair Credit Reporting Act putative class action against Costco alleging that the retailer’s receipts contained more digits of the payment card’s account number than is permitted under the Act.
The parties recently filed cross-motions for summary judgment. Costco argued
FCRA Lawsuits Increase in 2016
While the number of lawsuits filed under the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act remained relatively steady or fell, claims under the Fair Credit Reporting Act rose sharply between October 2015 and October 2016. The total number of FCRA lawsuits increased from 283 to 355 – a 25.4 percent increase.
California Court Grants Final Approval of $1.5 Million TCPA Robocall Settlement
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