A growing avalanche of lawsuits under the Telephone Consumer Protection Act spurred industry groups and businesses, particularly financial services companies, to file more than 20 petitions with the Federal Communications Commission seeking clarifications and interpretations of the TCPA’s requirements. An announcement by FCC Chairman Tom Wheeler indicates that the Commissioners will be acting on the
FTD and Classmates.com Agree to Pay $11 Million to Settle Multistate AG Unfair Trade Practices Investigation
Attorneys general from twenty-two states today announced that Classmates, Inc. which runs the website classmates.com, and Florists Transworld Delivery, Inc. and FTD.com, Inc. (collectively, “FTD”) have agreed to settle allegations that the companies were involved in misleading, unfair, and deceptive trade practices. Although FTD and Classmates did not admit to wrongdoing, they agreed to pay
Three National Consumer Reporting Agencies and Thirty-One State Attorneys General Strike Deal
On May 20, the three national consumer reporting agencies (CRAs) – Equifax Information Services LLC, Experian Information Solutions Inc., and TransUnion LLC – inked a deal with thirty-one state attorneys general to end an investigation initiated in 2012 by the Ohio Attorney General’s office.
Under the multistate settlement, which is in the form of
D.C. Circuit Holds that Credit Card Information Obtained by DHS During Investigation Constitutes Consumer Report
In Abdelfattah v. DHS, the D.C. Circuit held that credit information obtained by the Department of Homeland Security on a person of interest can constitute a consumer report under the Fair Credit Reporting Act. Because DHS did not have a permissible purpose to obtain the information, it may be liable for an FCRA violation.
Court Seeks Supplemental Briefing on Standing in FCRA Case
On May 1, the District Court for the Middle District of Alabama issued an order requesting that the parties provide supplemental briefing on the issue of standing in a lawsuit alleging Fair Credit Reporting Act violations. As we have previously reported on the blog, the Supreme Court recently granted certiorari in the Spokeo case
District Court Denies Defendant’s Bid to Stay Class Action Proceedings Pending Supreme Court’s Spokeo Decision
A district court in Florida quickly denied a motion by Whole Foods Market Group Inc. to stay a proposed class action under the Fair Credit Reporting Act until the Supreme Court rules on the pending matter in Spokeo, Inc. v. Robins, which addresses issues of claimed statutory violations. Whole Foods argued that the proposed
Consumer Lawsuits and Complaint Activity Increase During Early 2015
Lawsuits filed by consumers under the Fair Debt Collection Practices Act, Telephone Consumer Protection Act, and Fair Credit Reporting Act all increased from February to March 2015, according to the latest report from WebRecon.
FDCPA lawsuits increased by 3.9 percent (892 to 927), from February to March, and FCRA lawsuits increased 3.3 percent (245 to
FCC Announces New Chief Overseeing Telephone Consumer Protection Act
Starting June 1, Alison Kutler will be the new acting chief of the Consumer and Governmental Affairs Bureau, the division of the Federal Communications Commission that oversees the Telephone Consumer Protection Act. Kutler will replace current acting CGB bureau chief Kris Monteith who will remain at the FCC as deputy chief of the Wireline Competition
CFPB Report: 26 Million Americans are “Credit Invisible”
According to a study released by the Consumer Financial Protection Bureau on May 5, 26 million Americans have no credit rating at all, making them “credit invisible.” The report found that one in 10 adults have no credit history – many of them black, Hispanic, or living in low-income neighborhoods.
In broad terms, consumers with
CFPB Consumer Complaint Database May Become A One-Sided Gripe Fest
The Consumer Financial Protection Bureau (CFPB) is modifying its complaint database so that consumers can post narratives about their experiences with financial service providers. According to the CFPB’s release, available at http://www.consumerfinance.gov/newsroom/cfpb-finalizes-policy-to-give-consumers-the-opportunity-to-voice-publicly-complaints-about-financial-companies/, the purpose of the database enhancement is to help consumers make informed choices and identify market trends. But the implementation could result