Fair Debt Collection Practices Act lawsuits increased 16 percent from June 2014 to June 2015, according to a report issued by WebRecon. The report also noted that FDCPA lawsuits increased from 885 to 1,129 from May to June this year. According to the report, Fair Credit Reporting Act lawsuits also increased 22.7 percent from
Congress Trying Again To Reform or Eliminate the CFPB
On July 22, the Senate Appropriations Subcommittee on Financial Services and General Government approved a spending bill for the 2016 fiscal year that would change the Consumer Financial Protection Bureau’s (CFPB) leadership structure by replacing the CFPB director with a five-member commission.
The bill also would bring funding for the CFPB’s budget under the annual
Eleventh Circuit Reinstates Class Action in Federal Court Notwithstanding State Prohibition On Class Actions Under The Statute At Issue
Although most states have consumer protection laws that provide for private rights of action, certain states also hold that such remedies cannot be invoked and pursued on behalf of a class. However, when such a case is filed in federal court, such state-based restrictions conflict with the class action mechanism that is set forth under
Troutman Sanders Welcomes Keith Barnett
Troutman Sanders LLP announced that Keith J. Barnett has joined the firm’s Government Investigations, Compliance and Enforcement Practice as a partner in the Atlanta office. He joins the firm from Sutherland Asbill & Brennan.
Keith is a seasoned compliance and government enforcement lawyer with more than a decade of experience representing clients before government regulators,
47 State AGs Ask Congress to Preserve their Authority to Investigate Data Breaches
On July 7, 47 state attorneys general signed onto a multistate letter to the U.S. Congress emphasizing the importance of maintaining states’ authority to enforce data breach and data security laws, and their ability to enact laws to address future data security risks.
The letter to Senate Majority and Minority Leaders, Mitch McConnell and Harry
Georgia Enacts New Consumer Reporting Law
Effective, July 1, 2015, Georgia HB 328 creates protections to consumers similar to those found in the federal Fair Credit Reporting Act (FCRA).
Specifically, the law amends Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the “Fair Business Practices Act of 1975,” by adding a
CFPB Sharpens its Scalpel in $5.9 Million Enforcement Action Against Medical Debt Collector Involving Mishandling of Credit Reporting Disputes
On June 18, the Consumer Financial Protection Bureau filed a consent order and announced an enforcement action against a company specializing in medical debt collection for mishandling consumer credit reporting disputes and preventing consumers from exercising important debt collection rights. The CFPB is ordering the company to provide over $5.4 million in relief to harmed
FCC Announces Agenda for Upcoming June 18 Open Committee Meeting
The Federal Communications Commission recently announced the agenda for its upcoming June 18 Open Meeting. The agenda includes a number of items on which the Commission is considering action. Of those items on the agenda, few are more important to many financial service companies than the Commission’s focus on “Protecting Consumers Against Unwanted Robocalls.”
According
Second Circuit Holds That Federal Court Retains Subject Matter Jurisdiction Under CAFA Even After Plaintiff’s Amendment to Remove Class Action Allegations
In In Touch Concepts, Inc. d/b/a ZCOM v. Cellco Partnership, the Second Circuit joined the Seventh Circuit in holding that a federal court retains subject matter jurisdiction over a case that had previously been removed to federal court under the Class Action Fairness Act (“CAFA”), even after the plaintiff amended the complaint to remove
New Jersey Court Finds Ascertainability Not Required to Certify Class
In a matter of first impression, a New Jersey appellate court found that whether a class is ascertainable – a factor that is commonly analyzed in federal court – played no role in its consideration of a “low-value” consumer class action. In Daniels v. Hollister Co., the court determined that ascertainability is not