This week, nearly 5,000 consumers will receive refund checks of $25.13 pursuant to a settlement between the Federal Trade Commission and Arizona-based telemarketing company National Card Monitor, LLC (“NCM”). According to the Commission, NCM began cold-calling consumers in early 2011 and falsely claiming that it could offer low-rate credit cards to consumers, onto which they
FTC Settles Claims Against Data Brokers Under FCRA
Two data brokers settled charges brought by the FTC for $1.5 million based on allegations that they violated the Fair Credit Reporting Act (FCRA) when selling consumer data.
The FTC alleged the companies operated as consumer reporting agencies when providing reports about consumers to users such as prospective employers and landlords. The complaints filed by
CFPB Releases Small-Entity Compliance Guide on TILA-RESPA Integration Rule
On March 31, the CFPB released a Small Entity Compliance Guide for its integrated disclosure rule for the Truth in Lending (TILA) and Real Estate Settlement Acts (RESPA). The CFPB issued the final rule in November to integrate the initial and final mortgage loan disclosures under TILA and RESPA. The final rule appeared in the
American Conference Institute’s 18th National Forum on Consumer Finance Class Actions & Litigation
Troutman Sanders’ lawyer David Anthony will be presenting at the upcoming American Conference Institute’s 18th National Forum on Consumer Finance Class Actions & Litigation. The conference will be held April 8-9, 2014 at the Westin Bonaventure Hotel &Suites in Los Angeles, CA. David will be presenting on , “CLASS ACTIONS: New and Emerging
After Warning, FTC Charges Principals of Dealership in Enforcement Action
This month, the Federal Trade Commission charged an Arkansas auto dealer, Abernathy Motor Company, and its two principals, with failing to display a “Buyers Guide” on used vehicles offered for sale, as required by the FTC’s Used Car Rule. Before being charged, the FTC had visited the dealer in December 2012 and identified issues of
FTC Highlights 2013 Enforcement Actions, Pledges Vigorous Enforcement Going Forward
As part of the CFPB’s annual report to Congress on the federal government’s efforts to implement the FDCPA, the FTC submitted highlights from its 2013 enforcement actions signaling that the Commission will continue to play an active role in enforcing the FDCPA in collaboration with the CFPB and state attorneys general.
The FTC noted that
FTC and EEOC Issue Guidance on FCRA and Background Checks
Hiring decisions are among the most important choices for any employer, but the process can be complex. For the first time, the Federal Trade Commission (FTC) and the Equal Employment Opportunity Commission (EEOC) have jointly issued two short guides on employment background checks that explain the rights and responsibilities of both employers and employees, while
CFPB and FTC File Amicus Brief Targeting Time-Barred Debt Collection Activities
On March 5, 2014, the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC) filed a joint amicus brief in Buchanan v. Northland Group Inc., No. 13–2523 (6th Cir. Mar. 5, 2014), a putative consumer FDCPA class action challenging collection practices related to debts that were time barred (i.e., for which the
Recent FTC Report and CFPB Bulletin Highlight Importance of Investigating Identity Theft Claims
A report issued by the Federal Trade Commission (FTC) and a bulletin issued by the Consumer Financial Protection Bureau (CFPB) both highlight the continued federal regulatory interest in endemic identity theft as well as the significant risk to businesses that fail to address complaints related to identity theft.
The FTC’s Report on the Top Categories
NADA Issues Guidance to Members on Dealer Reserve and Fair Lending Compliance
The National Association of Automobile Dealers (NADA) issued a comprehensive manual in late January that includes detailed recommendations to dealers related to dealer reserve and fair lending compliance, in an attempt to assist members with compliance with the Consumer Financial Protection Bureau’s (CFPB) bulletin addressing indirect auto lending and the Equal Credit Opportunity Act (ECOA).