On February 27, 2020, the United States Court of Appeals for the Ninth Circuit issued its decision in Ramirez v. TransUnion LLC, a class-action case watched closely by consumer reporting agencies and other persons regulated by the Fair Credit Reporting Act (“FCRA”). In Ramirez, the Court held for the first time that all
On Friday, the Consumer Financial Protection Bureau (CFPB) published a supplement to its Spring 2019 notice of proposed rulemaking on third-party debt collection. The proposed supplemental rule addresses the collection of time-barred debt, which is debt that has run past any applicable statute of limitations.
Specifically, the proposed supplemental rule requires debt collectors to make
2019 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Sanders is uniquely positioned to help its clients find successful resolutions and stay ahead of the compliance curve.
In this report, we share developments on consumer class actions, background screening, bankruptcy, consumer credit
On Feb. 3, plaintiff Bernadette Barnes filed a class action lawsuit hoping to be the first case to rely on the new California Consumer Privacy Act (CCPA). The complaint was filed over a data breach that allegedly occurred before the CCPA’s Jan. 1, 2020, effective date.
Given this timing, this case will not test the
On January 3, 2020, in Buchholz v. Meyer Njus Tanick, P.A., No. 18-2261 (6th Cir. 2020), the Sixth Circuit Court of Appeals upheld the district court’s decision dismissing a complaint alleging violations of the Fair Debt Collection Practices Act on the grounds that the plaintiff lacked Article III standing. The Court found the
The United States Supreme Court has agreed to consider a challenge to the constitutionality of the Telephone Consumer Protection Act (TCPA). On Friday, January 10, 2020, the Supreme Court issued orders from the justices’ conference, which included an order for oral argument in Barr v. American Association of Political Consultants – a case involving a
Troutman Sanders and Pepper Hamilton have agreed to merge effective April 1, 2020. The new law firm, Troutman Pepper Hamilton Sanders LLP, or “Troutman Pepper,” will have 1,100 attorneys in 23 offices across the country. Troutman Pepper will offer its clients greater resources and bench strength, enhanced practices and expanded geographical reach. The announcement follows
Troutman Sanders recently secured dismissal of a lawsuit filed by a consumer in the U.S. District Court for the Northern District of Georgia, alleging the defendants violated the Fair Debt Collection Practices Act (FDCPA) by improperly adding statutory interest to a charged-off credit card debt in contravention of Georgia’s prejudgment interest statute. The District Court’s
With the ever-changing case law surrounding the Telephone Consumer Protection Act, staying up to date with what cases are relevant and where courts stand on certain, very important definitions, can be an almost impossible task. Further, in the 28 years since the TCPA was enacted, the legislation has been considered outdated by many companies.
As
In Horia v. Nationwide Credit & Collection, Inc., the Seventh Circuit Court of Appeals overturned a district court’s decision dismissing the plaintiff’s second FDCPA lawsuit.
Consumer plaintiff Henry Horia received separate correspondence from Nationwide Credit regarding two debts owed to two different creditors, both of which had been assigned to Nationwide Credit in