On February 11, a federal court in Texas dismissed a putative Fair Credit Reporting Act class action filed by a former patient of health services provider St. Joseph Services Corp. who alleged that the defendant’s failure to guard against a personal data breach violated the FCRA. After reviewing the state of the law regarding standing
Court Finds Group Texting Requires Human Intervention, Does Not Violate TCPA
In a recent decision applying established Telephone Consumer Protection Act law to the developing text application market, the U.S. District Court for the Northern District of California found in Glauser v. GroupMe, Inc. that group texts did not violate the TCPA because they required human intervention. Specifically, the court found that the “welcome texts” –
Verification of Disputed Debt in Response to Credit Reporting Agency Inquiry Does Not Constitute Communication “In Connection with the Collection of Any Debt”
The Eighth Circuit Court of Appeals recently decided a case involving a debt collector that had verified the existence of a debt in response to a consumer reporting agency’s inquiry, even though the debtor had allegedly disputed the debt to the same reporting agency. The Eighth Circuit affirmed the lower court’s ruling that the debtor
FTC Staff Report Addresses “Internet of Things”
The Federal Trade Commission has released a Staff Report addressing the “Internet of Things” – a phrase referring to everyday items that are able to connect to the internet and transmit data. The Internet of Things includes over 25 billion connected devices worldwide, including fitness trackers, connected appliances, and more. Estimates are that by 2020,
CFPB Issues Bulletin Advising Entities Undergoing Regulatory Exams Not To Share Information With Third Parties Or Withhold Information From the CFPB
On January 28, 2015, the Consumer Financial Protection Bureau issued a bulletin warning financial institutions about entering into agreements with third parties that share or hide information related to regulatory exams, as well as warning entities under investigation about sharing information with third parties.
The bulletin is intended to assist supervised entities in complying with
CFPB Names Four to Senior Leadership Positions
Last week, the Consumer Financial Protection Bureau (CFPB) announced four appointments to its leadership team.
In addition to naming Anthony Alexis as assistant director of enforcement, the CFPB also announced the hiring of Leandra English as deputy chief operating officer, Agnes Bundy Scanlan as the regional director of supervision examination, and Jeffrey Sumberg as chief
New FCRA Lawsuit Demonstrates Growing Trend of Consumers Challenging Employer Disclosure Forms
A new putative class action lodged in California federal court against Paramount Pictures Corporation made it the latest employer to be accused of violating the Fair Credit Reporting Act by obtaining credit reports from current and prospective employees without adequate disclosure of their rights under the FCRA. The lawsuit alleges that the company has a
FCC Creates Portal for TCPA Complaints and Beyond
On January 5, the Federal Communications Commission announced that it was creating a new complaint portal. As shown on the FCC form for complaints, which can be found here (Word format) and here (.pdf), this portal is very much designed to capture complaints arising from the Telephone Consumer Protection Act (TCPA) and, specifically, automatic telephone
FTC Issues Follow-Up Study on Credit Reporting Accuracy
The Federal Trade Commission has issued a follow-up study of credit report accuracy (the “Follow-Up Study”) that found most consumers who previously reported an unresolved error on one of their three major credit reports believe that at least one piece of disputed information on their report is still inaccurate.
The congressionally-mandated study is the sixth
CFPB Accepting Applications for Three Advisory Groups
On January 16, the CFPB announced it is accepting applications for membership on the Consumer Advisory Board (CAB), Community Bank Advisory Council, and Credit Union Advisory Council.
Members of the CAB and the Advisory Councils include representatives of consumers, communities, and the financial services industry, as well as academics. Membership on the CAB lasts three