On March 25, the Network Branded Prepaid Card Association (“NBPCA”) announced that it had lodged a formal request with the Consumer Financial Protection Bureau to prevent the imposition of overly broad restrictions on prepaid accounts. The NBPCA is a non-profit trade association that supports the growth and success of network branded prepaid cards and represents
Regulatory Enforcement + Compliance
The Office of the Solicitor General Urges the Supreme Court to Reject Spokeo Appeal Challenging “Statutory Damages” Standing Under Article III
Last week, the Office of the Solicitor General urged the U.S. Supreme Court via amicus brief to deny Spokeo Inc.’s appeal of a Ninth Circuit decision that revived a Virginia man’s proposed class action accusing the “people search engine” of publishing false information about him.
The Solicitor General said Spokeo’s petition for a writ of…
Eleventh Circuit Adds to Split of Authority Regarding Whether Unaccepted Rule 68 Offer of Judgment Moots Putative Class Claims
On December 2, 2014, in Stein v. Buccaneers Ltd. P’ship, No. 13-15417, — F.3d –, 2014 WL 6734819 (11th Cir. 2014), the United States Court of Appeals for the Eleventh Circuit reversed a district court order dismissing a putative class action as moot, holding that: (1) an unaccepted Rule 68 offer of judgment does not…
CFPB’s Nationwide Sweep Continues: Law Firm’s Activities, Assets, and Websites Frozen
The Consumer Financial Protection Bureau (“CFPB”) recently prevailed on a motion for preliminary injunction against a Florida law firm and several related companies as part of its “nationwide sweep of alleged foreclosure relief scams.” According to the CFPB’s complaint against Hoffman Law Group, Nationwide Management Solutions LLC, Legal Intake Solutions LLC, BM Marketing…
West Virginia Legislature Passes Amendments to WVCCPA
On Saturday, March 14, 2015, the West Virginia House passed Substitute Bill No. 542 amending several sections of the West Virginia Consumer Credit Protection Act (WVCCPA). The West Virginia Senate had previously passed the Substitute Bill on March 4, 2015. The bill is now awaiting signature from the governor. If signed into law, the amendments…
CFPB Finalizing its Public “Complaint Box” Policy
This month, the Consumer Financial Protection Bureau (“CFPB”) is actively finalizing a policy that will allow consumers to voice their opinions on financial companies, and the products they offer — consumer complaints can be made publicly or maintained privately. Specifically, the CFPB’s policy will allow consumers, when submitting a complaint to the CFPB, to choose…
Firm and Pro Se Plaintiff Face Sanctions for Failing to Hold Settlement Conference in Debt Collection Suit
A dispute over the scheduling of a settlement conference ended with a California federal judge ordering a law firm and a pro se plaintiff to explain why they should not be disciplined for missing a deadline set by the court.
U.S. District Judge John F. Walter gave law firm Lewis Brisbois Bisgaard & Smith LLP…
CFPB Announces Payday Lending Field Hearing
The Consumer Financial Protection Bureau announced that it will be hosting a field hearing in Richmond, Virginia on payday lending. The hearing will take place on March 26 at 12:00 noon.
The hearing will feature remarks from CFPB Director Richard Cordray, as well as testimony from consumer groups, industry representatives, and members of the public.…
CFPB Announces Public Inquiry to Review Card Act
On March 17, the Consumer Financial Protection Bureau announced it is seeking public comment on how the credit card market is functioning and the impact of credit card protections on consumers and issuers. This public inquiry will focus on issues including credit card terms, the use of consumer disclosures, credit card debt collection practices, and…
District Court Denies Summary Judgment on Issue of Release Language in Background Check Disclosure
On March 11, 2015, a district court in the Eastern District of Virginia denied an employer’s motion for summary judgment in a Fair Credit Reporting Act case dealing with the inclusion of release language in a background check disclosure. Employers should review this decision carefully as the case law on this issue develops further.
In…