On December 19, the Consumer Financial Protection Bureau filed four nearly identical lawsuits against lenders based in the Commonwealth of Virginia. Copies of the complaints can be found here, here, here, and here. The complaints allege that the defendants violated the Truth in Lending Act and Consumer Financial Protection Act by
Troutman Sanders Partner John Lynch Awarded Law 360 MVP Award
Troutman Sanders is pleased to announce that partner John Lynch has been recognized as an MVP in Consumer Protection by Law 360. The series recognizes MVPs in a variety of categories, including Consumer Protection.
According to Law360, MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters
Ninth Circuit Holds Trustees Performing Non-Judicial Foreclosures Are Not Debt Collectors Pursuant to FDCPA
The Ninth Circuit recently broke from other circuit courts across the country and held that a trustee to a security agreement is not a debt collector pursuant to the Fair Debt Collection Practices Act. The case is Vien-Phuong Thi Ho v. Recontrust Co., N.A., No. 10-56884, 2016 U.S. App. LEXIS 18836 (9th Cir. Oct. 19,
California Court Grants Final Approval of $1.5 Million TCPA Robocall Settlement
On November 7, the United States District Court for the Southern District of California granted final approval of the class settlement in Stemple v. QC Holdings, Inc., No. 3:12-cv-01997 (S.D. Cal.). The plaintiff in the case alleged that QC Holdings, a check-cashing and short-term loan company, negligently and willfully violated the Telephone Consumer
Blue Shield and SQM Defeat TCPA Putative Class Action Following Spokeo
U.S. District Judge Cathy A. Bencivengo recently dismissed a plaintiff’s TCPA putative class claim due to lack of standing required under Article III. In Anton Ewing v. SQM US, Inc. et al., No. 3:16-cv-1609-CAB-JLB (S.D. Cal., Sept. 29, 2016), the plaintiff alleged that he received a single survey call made by SQM on Blue
Join Us on November 3 for a Webinar on “The Ten Commandments to Avoid Lender Liability”
In good times and bad, one of the single largest legal risks for lenders is liability claims brought by borrowers. Either asserted defensively when the borrower is unable to repay, offensively when the borrower has suffered a loss in a transaction financed by the loan, or as in an entrepreneurial effort to recover money based
Troutman Sanders Expands Financial Services Litigation Practice
We are pleased to announce that Andrew B. Buxbaum has joined the firm’s Financial Services Litigation practice as Of Counsel in the Richmond Office. He joins the firm from SunTrust Banks, Inc., where he was First Vice President & Senior Counsel of Substantial Litigation.
At SunTrust, Andrew managed major litigation, class actions, government investigations and
FTC Seeks Comment on Disposal Rule
On September 12, the Federal Trade Commission announced that it is seeking comment on its rule regarding the Disposal of Consumer Report Information and Records. Under the Disposal Rule, a person is required to properly dispose of consumer information by taking reasonable measures to protect against unauthorized access or use of the information in
Join Us at the ACI’s 6th Bank & Non-Bank Forum on Mortgage Servicing Compliance in Washington
We are pleased to announce that Jon S. Hubbard will be a featured speaker at the Sixth Annual Bank & Non-Bank Forum on Mortgage Servicing Compliance, offered by the American Conference Institute in Washington, D.C., on November 30 and December 1.
Jon will speak on a panel entitled “Taking a Mortgage Servicing Case to Trial,”
FTC Seeks Comment on its Safeguarding Rule
The Federal Trade Commission announced on August 29 that it is seeking public comment on its Standards for Safeguarding Customer Information, commonly known as the Safeguards Rule, as part of the FTC’s periodic retrospective review of the rules. The Safeguards Rule, effective May 23, 2003, was issued under the Gramm-Leach-Bliley Act and places certain requirements