In the latest of a series of “whodunit” cases, the United States District Court for the Southern District of Ohio held that a subscriber who did not answer a single call that allegedly violated the Telephone Consumer Protection Act still had standing to sue under the statute. In Maraan v. Dish Network LLC (Civil Action
CFPB Requires Major Credit Reporting Agencies to Inform on Furnishers
On December 11, 2014, the Consumer Financial Protection Bureau (CFPB) issued a report and announced that it will be requiring major credit reporting agencies (CRAs) to provide regular reports to the CFPB identifying, by name, potentially problematic furnishers of information. In other words, the CFPB will be co-opting the major CRAs into helping the CFPB
Massachusetts Enters Consent Judgment with Hospital Over Data Breach
Massachusetts Attorney General Martha Coakley recently entered into a Consent Judgment with Beth Israel Deaconess Medical Center, Inc., related to a data breach that affected nearly 4,000 patients and employees.
“The healthcare industry’s increased reliance on technology makes it more important than ever that providers ensure patients’ personal information and protected health information is secure,”
In the Technology Age, Video Could Become the New Audio
Many consumers have heard of the Telephone Consumer Protection Act (TCPA), the statute that prevents a company from autodialing a consumer’s cell phone without his or her prior express consent. Less well know is the Video Privacy Protection Act (VPPA), a statute that prohibits “video tape service providers” from knowingly disclosing consumers’ personally identifiable information.
Court Dismisses FCRA Claim Regarding Employment Background Screening Notices and Provides Commentary on Structure and Requirements of FCRA Provision
In recommending that the district court grant the defendant’s motion to dismiss, a magistrate judge in the United States District Court for the Northern District of Georgia recently addressed the contours of 15 U.S.C. § 1681k(a) of the Fair Credit Reporting Act in a way that affirms the disjunctive nature of that statutory provision, and
FTC Issues New Bulletin Regarding Employment Background Screening Regulations
In March 2014, the Federal Trade Commission issued a bulletin entitled Background Checks: What Job Applicants and Employees Should Know, which set forth and summarized a number of the laws and regulations on the use of employment background checks, both prior to and subsequent to hiring.
In November, the FTC issued a second such
CFPB Urges Industry to Develop Faster System for Electronic Transfers
On November 20, Consumer Financial Protection Bureau Director Richard Cordray urged financial institutions to develop faster systems for processing electronic funds transfers (EFTs). In his prepared remarks, however, he insisted that these faster systems must offer robust consumer protections.
According to Cordray, the U. S. banking system needs improvement in the ability to process
New FCRA Background Check Lawsuit Demonstrates Compliance Minefield Pertaining to Employment Background Checks
After facing speculation as to whether Uber sufficiently screens the backgrounds of its drivers, Uber is now facing a class action under the Fair Credit Reporting Act for allegedly failing to conduct background checks in accordance with the FCRA. This lawsuit provides another example of the minefield companies face when conducting pre-employment background checks.
According
Florida AG and FTC File Complaints Against Technical Support Services
Florida Attorney General Pam Bondi and the Federal Trade Commission filed two complaints against multiple companies operating “multi-million dollar schemes to sell tech support services to consumers nationwide,” according to a news release by the State Attorney General’s office.
According to Bondi and the FTC, the first complaint alleges that Inbound Call Experts LLC, Super
Electronic Funds Transfers on CFPB’s Enforcement Radar
On November 13, Consumer Financial Protection Bureau Director Richard Cordray delivered prepared remarks regarding electronic funds transfers (EFTs). Although Cordray noted the benefits of EFTs to consumers, he cautioned that the potential for abuse necessitates aggressive policing of the industry.
According to the CFPB, the nationwide system for EFTs allows consumers to receive their paychecks,