Monitoring the financial services industry to help companies navigate through regulatory compliance, enforcement, and litigation issues
On July 5, the Federal Communications Commission released a declaratory ruling that held that the Telephone Consumer Protection Act does not apply to calls made by or on behalf of the federal government in the conduct of official government business.
The TCPA makes it unlawful for any “person” to place certain calls to wireless telephone …
On July 1, the U.S. District Court for the Southern District of California granted plaintiffs’ motion for preliminary approval of a $4.5 million class action settlement in a Telephone Consumer Protection Act case.
According to the complaint in Sanders v. RBS Citizens, N.A. filed in 2013, the plaintiffs alleged that they received …
On June 20, the U.S. District Court for the Eastern District of New York granted a creditor’s motion for summary judgment in an action brought pursuant to the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act.
In Reyes, Jr. v. Lincoln Automotive Financial Services, the plaintiff leased a new …
We are pleased to announce that Troutman Sanders partner Ronald I. Raether, Jr. will be a featured speaker at the American Conference Institute’s 13th National Forum on Cyber & Data Risk Insurance in New York City on July 29, 2016.
Ron will participate on a panel entitled, “Working Toward Prevention of the Breach: What…
The Federal Trade Commission (“FTC”) and Florida have settled charges against Vast Tech Support LLC, OMG Tech Help, their founder and COO Mark Donohue, and related companies regarding claims of deceptive marketing of computer software and tech support services. The settlement continues the FTC’s trend of enforcement actions that target scammers who scare consumers into…
As we previously reported, the Supreme Court recently issued its decision in Campbell-Ewald Co. v. Gomez, where the Court held that an unaccepted offer that would fully satisfy a plaintiff’s individual claim is insufficient to render that claim moot in a class case. The Supreme Court’s opinion, however, left open the question of …
On May 20, PayPal entered into an Assurance of Voluntary Compliance (AVC) with the Texas Attorney General over allegations that it failed to clearly explain how the personal information belonging to users of its Venmo mobile payment application would be used and with whom it would be shared.
The AVC stems from Texas Attorney General…
Citing the Supreme Court’s recent decision in Spokeo, Inc. v. Robins, a Maryland District Court judge remanded a putative data breach class action for lack of Article III standing and subject matter jurisdiction. The opinion serves as an early indication of the added hurdles facing prospective data breach class action plaintiffs under Spokeo.
Plaintiff …
On May 20, the FTC approved its final order resolving its Complaint against Henry Schein Practice Solutions, Inc. (“Schein”), which came after the expiration of a public comment period. Schein is a provider of office management software for dental practices.
The FTC’s Complaint alleged that Schein misrepresented the encryption capabilities of its Dentrix G5 …
The Federal Trade Commission, Connecticut, and Pennsylvania have added three new defendants and new charges in a case pending in the United States District Court for the Eastern District of Pennsylvania, alleging that the defendants deceived consumers into buying unneeded tech support services. According to the amended complaint, the defendants allegedly pretended to represent…
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