Effective July 1, the Georgia Governor’s Office of Consumer Protection is moving administratively to the Office of the Georgia Attorney General. At that point and thereafter, the office will be known as the Consumer Protection Unit (CPU) of the Law Department. According to its announcement concerning this move, the unit will continue to perform essentially
Las Vegas Auto Dealers Settle FTC Deceptive Advertising Claims
On June 29, the Federal Trade Commission announced that it had reached settlements with two Las Vegas auto dealerships, Planet Hyundai and Planet Nissan, over claims that they violated the Federal Trade Commission Act of 1914 by advertising large discounts not available to the general public.
The allegations against Planet Hyundai and Planet Nissan involved
ACA Provides Commentary to CFPB on Credit Card Market
On June 17, ACA International – a trade group representing collection agencies and attorneys, creditors, debt buyers, and industry service providers – presented substantive comments to the Consumer Financial Protection Bureau in response to the agency’s recent request for information related to the consumer credit card market. The CFPB’s request contained four debt collection questions,
Virginia Governor Vetoes Outside Counsel Transparency Bill
Virginia Governor Terry McAuliffe recently vetoed a bill that would have required public posting of most state contracts with private lawyers. The bill’s sponsor, Mark Obsenshain (R-Harrisonburg), wrote that “the legislation would have enhanced transparency for the procurement of outside counsel through the Office of the Governor or the Attorney General.” Governor McAulliffe disagreed and
New York Auto Dealers Pay $14 Million to Settle “Jamming” Claims
On June 17, New York’s state attorney general announced a $14 million settlement to resolve claims of illegal “jamming” sales practices from 2010 to 2014 with Paragon Honda, Paragon Acura, and White Plains Honda, three New York City-area dealerships owned by the same individuals. The state’s press release defines jamming as “unlawfully charging consumers for
CFPB Proposes to Postpone Effective Date of TILA-RESPA Integrated Disclosure Rule to October 3
We previously reported on the remarks made by Consumer Financial Protection Bureau Director Richard Cordray on May 12 that the CFPB would not voluntarily change the August 1 effective date for the TILA-RESPA Integrated Disclosure Rule (TRID). This officially changed on June 24 with the CFPB’s issuance of a proposed amendment to TRID, postponing its
Supreme Court Upholds Disparate Impact Liability Under the Fair Housing Act, but Also Stresses the Theory’s Limitations
On June 25, 2015, a 5-4 majority of the U.S. Supreme Court ruled that the Fair Housing Act (“FHA”) permits discrimination claims brought under a disparate impact theory of liability. Justice Kennedy authored the majority opinion in the much-anticipated decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. – a
Virginia Attorney General Announces Agreement to Keep Sweet Briar Open
On June 20, Virginia Attorney General Mark Herring announced that an agreement had been reached to keep Sweet Briar College open, ending months of litigation over the future of the College. The agreement will both provide money for the next year of operation and create a wholesale change of school leadership.
In March of this
CFPB Sharpens its Scalpel in $5.9 Million Enforcement Action Against Medical Debt Collector Involving Mishandling of Credit Reporting Disputes
On June 18, the Consumer Financial Protection Bureau filed a consent order and announced an enforcement action against a company specializing in medical debt collection for mishandling consumer credit reporting disputes and preventing consumers from exercising important debt collection rights. The CFPB is ordering the company to provide over $5.4 million in relief to harmed
FCC Passes New Declaratory Rule Clarifying and Interpreting Multiple, Key Provisions of the TCPA in a Manner That is Generally Unfavorable to Defendants
On June 18, 2015, the Federal Communications Commission (“FCC”) voted 3-2 to approve an order that promises to have major and negative impacts on companies who use modern telephone technology to text and call consumers.
The stark increase in the number of lawsuits that were filed under the Telephone Consumer Protection Act (“TCPA”) has been