On January 11, in Club Texting, Inc.’s Petition for a Declaratory Ruling, the Federal Communications Commission issued an Order that has the potential of increasing the scope of senders who can be liable for unwanted text messages under the Telephone Consumer Protection Act (“TCPA”). In the process, the FCC doubled-down on its controversial July
Last Friday, the U.S. House of Representatives passed a bill that would heighten the standards for obtaining class certification by requiring extra scrutiny as to the continuity of the damages claimed by the class representative and the putative class members. Lawmakers voted 211-188 to pass H.R. 1927, the Fairness in Class Action Litigation and
The Consumer Financial Protection Bureau has taken action against CarHop, one of the country’s biggest “buy-here, pay-here” auto dealers, and its affiliated financing company, Universal Acceptance Corporation, for providing “damaging, inaccurate consumer information to credit reporting companies.” The CFPB found that CarHop and Universal Acceptance Corporation violated the Fair Credit Reporting Act and the Consumer
The Federal Trade Commission today announced that LifeLock has agreed to pay $100 million to settle charges that it had violated the terms of a 2010 order by the U.S. District Court for the District of Arizona, requiring LifeLock to secure customer data and change its advertising practices.
The FTC alleged, among other
On February 9-11, 2016, DBA International will host its annual conference – Moving Forward Together – at the Aria Resort & Casino in Las Vegas.
We are pleased to announce that two of our Consumer Financial Services lawyers will serve as faculty at this year’s event.
David Anthony will present “The Devil is in the
Expert strategies for in-house and outside counsel on navigating class actions, litigation, and government enforcement actions in the consumer finance industry.
January 26-27, Viceroy Miami, Miami, Florida
We are pleased to announce that John Lynch, partner at Troutman Sanders LLP, will speak on: Consumer Finance Class Action Litigation and Settlement Strategies, Procedural Considerations, Emerging Theories
Section 612 of the Fair Credit Reporting Act (“FCRA”) provides consumers with the opportunity for a free disclosure of their file, with certain exceptions, during any 12-month period. For file disclosures for which the FCRA allows consumer reporting agencies to charge, the statute sets the price of these disclosures at $8, subject to a yearly
On November 13, 2015, an administrative law judge dismissed the Federal Trade Commission’s action against LabMD, ruling the FTC failed to show that the laboratory’s alleged conduct caused or would cause harm to consumers. The decision represents a significant blow to the FTC and its ability to bring actions under the unfairness prong of Article
According to the October debt collection litigation and complaint statistics report from WebRecon, consumer litigation in October under the FDCPA, TCPA, and FCRA marked the first time since September 2011 that an increase from both the prior month and year-to-date occurred. “For the first time in several years, overall consumer litigation is up dramatically,”
On November 3, the Consumer Financial Protection Bureau announced that it has revised its appeals process and issued a new appeals policy. The announcement was made in conjunction with the release of the CFPB’s Fall 2015 Supervisory Highlights. According to the Bureau, the “revisions reflect experience gained in the appeals process so far, and