Penn National Gaming has been hit with a class action alleging violations of the Fair Credit Reporting Act’s requirement that an employer’s disclosure to a job applicant that a background check is being obtained be made in a document consisting “solely” of the disclosure.

According to the complaint filed in the Philadelphia County Court of

As part of the Federal Trade Commission’s systematic review of all current FTC rules and guides, the agency recently announced a modified 10-year regulatory review schedule.  To ensure that its rules and industry guides stay relevant and are not overly burdensome, the FTC reviews them at 10-year intervals.  The review schedule is published each

I.   Background

On February 3, 2016, the Consumer Financial Protection Bureau (CFPB) issued a bulletin warning companies that furnish information on consumers to consumer reporting agencies (CRAs) yet again of the need to have adequate policies and procedures. This bulletin makes clear that any company that supplies information to CRAs is in an area of

On January 15, the United States Supreme Court granted a writ of certiorari in the matter of Baker v. Microsoft Corp. on the issue of whether plaintiffs may voluntarily dismiss their suit after class certification is denied as a procedural tactic to guarantee appellate review of an unfavorable class certification decision.

Rule 23(f) allows a

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