In a letter dated July 29, addressed to Richard Cordray, Director of the Consumer Financial Protection Bureau, two Republicans – Representative Jeb Hensarling, Chairman of the House Committee on Financial Services, and Mike Crapo, Ranking Member of the Senate Committee on Banking, Housing and Urban Affairs – continue to question the validity of the CFPB’s
Is Your Smartphone an ATDS? The United States Says “No”.
TCPA litigation is running rampant in courts throughout the country. Automatic telephone dialing systems, or “ATDSs” or “autodialers”, are at the heart of virtually every TCPA case involving cell phones. Why? Because if a call to a person’s cell phone was not made with an ATDS as defined by the statute, there is virtually no
FICO Announces New Scoring Model that Could Raise Credit Scores
On August 7, FICO – the creator of one of the most widely used and influential credit scores – announced that it had recalibrated its credit scoring model to include a more nuanced way to assess consumer collection information, bypass paid collection agency accounts, and offer options to differentiate medical from non-medical collection agency accounts.
Fifth Circuit Court of Appeals Holds FCRA Suit Time Barred
In Mack v. Equable Ascent Financial, L.L.C., the Fifth Circuit ruled the consumer’s suit was barred under the Fair Credit Reporting Act’s two-year statute of limitations. Rejecting the plaintiff’s claim that the statute does not begin to run when the consumer discovers the facts that constitute the legal violation, the Court of Appeals held
Seventh Circuit Rules Federal Government Not Immune From Litigation Under FCRA
The United States Court of Appeals Seventh Circuit ruled Tuesday that the federal government cannot invoke the defense of sovereign immunity for violations of the Fair Credit Reporting Act, but the court also dismissed on separate grounds the underlying class action proceeding relating to the government’s alleged unlawful disclosure of plaintiff’s credit card information.
In
CFPB Adds Narrative to Complaint Database
The Consumer Financial Protection Bureau has announced a new proposal that will allow consumers the option to share a narrative of “what happened” in the CFPB’s public-facing Consumer Complaint Database. According to the CFPB, this new feature would “empower consumers to publicly voice their complaints about consumer financial products and services” and “provide important context
9th Circuit Adopts FCC Opinion and Opens Door for Vicarious Liability Claims Under TCPA
In a novel ruling, the Ninth Circuit expressly adopted an opinion from the Federal Communications Commission, finding the potential for vicarious liability under the Telephone Consumer Protection Act. In Thomas v. Taco Bell Corp., No. 12-56458 (unpublished), the Ninth Circuit affirmed a lower court’s holding that Taco Bell was not vicariously liable under the
Amicus Briefs Join the Push for Supreme Court Review of “No Injury” Class Actions
On May 1, 2014, Spokeo, Inc. filed a writ of certiorari in the United States Supreme Court requesting the Court decide whether a plaintiff has Article III standing in a federal court when he or she has suffered no actual harm besides the violation of a statute alone. Resolution of this question could have a
FTC Settles With Consumer Credit Reporting Agency Over CROA Violation
A Texas-based credit repair organization has agreed to settle Federal Trade Commission allegations that it violated federal law by making misrepresentations to consumer reporting agencies and charging consumers up-front fees before providing its services.
In its complaint filed in October 2011, the FTC charged that RMCN Credit Services, Inc. and its individual owners, Doug and
Cordray Testifies before Senate Committee Regarding CFPB’s Semi-Annual Report
On June 10, 2014, CFPB Director Richard Cordray appeared before the Senate Committee on Banking, Housing and Urban Affairs in conjunction with the May 2014 release of the Bureau’s fifth Semi-Annual Report. Cordray highlighted a variety of topics, including mortgages, student loans, complaint numbers, and proposed data collection efforts.
Senator Mike Crapo (R-Idaho) questioned