On January 11, in Club Texting, Inc.’s Petition for a Declaratory Ruling, the Federal Communications Commission issued an Order that has the potential of increasing the scope of senders who can be liable for unwanted text messages under the Telephone Consumer Protection Act (“TCPA”). In the process, the FCC doubled-down on its controversial July
We are pleased to announce that Troutman Sanders Partner Keith Barnett will participate in a webinar entitled “Third Party Payment Processors: The Road to Certification” on Thursday, January 7, at 2:00 p.m. EST. Join the panelists for this complimentary webinar, offered by KirkpatrickPrice, for a discussion on compliance management
On December 22, the Federal Trade Commission announced a settlement of a pending lawsuit brought under the Telemarketing Sales Rule against participants in an alleged credit card “laundering” scheme. According to the FTC’s complaint, PayBasics, Todd Hatch, and Jimmy Shin took an active role in helping the defendants behind the Tax Club fraud to open
The Supreme Court’s latest arbitration decision is but the latest in a long line of decisions enforcing the strong federal policy enforcing arbitration clauses in consumer contracts. In DirecTV v. Imburgia, a 6-3 decision, Justice Breyer held that the Federal Arbitration Act preempts state laws, in this instance California’s, that invalidate arbitration clauses if
On December 16, the Consumer Financial Protection Bureau sent warning letters to 17 colleges directing them to improve disclosure of school-sponsored credit card agreements, based on deficiencies identified in a recent agency investigation. According to the CFPB, more than 10 million college students attend a school that has made a deal with a financial institution
January 28-29, Mandarin Oriental, Washington, DC
We are pleased to announce that Troutman Sanders Partner Keith Barnett will participate in a panel discussion entitled “The Latest FTC Initiatives on Lead Generators and Online Marketing, How Prepaid Cards Rely on These to Attract Customers, and Related Privacy Issues.”
American Conference Institute’s 14th National Forum on
On December 3, the Consumer Financial Protection Bureau released its updated report on the impact of the Credit Card Accountability Responsibility and Disclosure Act (“CARD Act”) since its inception. According to the CFPB, the CARD Act has helped reduce the cost of credit card fees by eliminating certain back-end pricing practices. The CFPB also found
On November 24, 2015, the Consumer Financial Protection Bureau (CFPB) issued a Compliance Bulletin (2015-06), warning companies that they must ensure that consumer authorization is obtained before automatically debiting a consumer’s account and that required notifications to consumers must clearly describe the terms of the preauthorized electronic funds transfers (EFTs).
Importantly, for the first
On November 18, the Consumer Financial Protection Bureau filed an administrative action against online lender Integrity Advance, LLC, and its CEO, James R. Carnes, for deceiving consumers about the cost of short-term loans.
According to a press release, the CFPB alleges that Integrity Advance violated the Truth in Lending Act and the
On November 16, the Federal Communications Commission and the Federal Trade Commission released a memorandum of understanding designed to formalize their plans to coordinate consumer protection efforts.
The FCC is charged with regulating all interstate and international communications by radio, television, wire, satellite, and cable, while the FTC is primarily responsible for preventing unfair or