On February 2, following a joint investigation of the Consumer Financial Protection Bureau and the Civil Rights Division of the Department of Justice, Toyota Motor Credit Corporation, the financing arm and subsidiary of the Japanese auto giant, agreed to pay up to $21.9 million in restitution to thousands of minority borrowers who allegedly were charged
Regulatory Enforcement + Compliance
Payment Processor Charged with Participating in Telemarketing Scheme Settles with FTC
The Federal Trade Commission announced today that it had agreed to settle charges against Capital Payments LLC (now known as Bluefin Payment Systems, LLC), for its alleged involvement with The Tax Club, a group of entities engaged in fraudulently telemarketing development services, including business formation, counseling, credit development, and marketing to individuals seeking to establish …
FTC Unveils Upgrades to IdentityTheft.gov
The Federal Trade Commission recently unveiled significant enhancements to its online portal designed to help victims recover from identity theft. Victims can now file a complaint with the FTC at identitytheft.gov and get a free, personalized identity theft recovery plan. The upgraded site comes in response to an October 2014 executive order issued by President …
Join Us for a Complimentary Webinar on “The Telemarketing Sales Rule and Third Party Payment Processors”
We are pleased to announce that Troutman Sanders partners Keith Barnett and Stephen Piepgrass will participate in a webinar entitled “The Telemarketing Sales Rules and Third Party Payment Processors” on Tuesday, January 26 at 12:00 noon EST.
The Federal Trade Commission and Consumer Financial Protection Bureau have initiated many investigations and enforcement actions against …
FTC and Florida Seek Redress Against Credit Card Payment Processor for Role in Telemarketing Debt Relief Scam
In late December, the Federal Trade Commission and Florida Attorney General filed an amended complaint in an action pending in the United States District Court for the Middle District of Florida that charged nine defendants with violations of the Federal Trade Commission Act, the Telemarketing and Consumer Fraud and Abuse Prevention Act (“Telemarketing Act”), the …
In New Plot Twist, Appellate Court Allows FanDuel and DraftKings to Operate in New York; A.G. Seeks Restitution of all Funds Obtained from Consumers
The battle between New York Attorney General Eric Schneiderman and daily fantasy sports companies, FanDuel and DraftKings, continues. On January 11, the First Department of the Appellate Division of the New York Supreme Court allowed the sites to operate while FanDuel and DraftKings appeal a lower court’s order to shut them down. The First Department…
Dental Practice Software Provider Settles with FTC Over Deceptive Encryption Claims
Henry Schein Practice Solutions, Inc., the provider of leading office management software for dental practices, has agreed to pay $250,000 to settle Federal Trade Commission charges for allegedly misrepresenting the advertised level of encryption it provided to protect patient data.
Schein sold management software, known as Dentrix G5, to dental practices. Dentists used Dentrix G5 …
FTC Reminds Businesses That Big Data Can Lead to Big Discrimination
“The era of big data has arrived,” begins the Federal Trade Commission’s report released on January 6, entitled “Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues.” The report demonstrates that the FTC and industry will continue to draw lines on the use of data analytics into 2016.
The phrase “big data,” according …
FTC Continues Crackdown on Illegal Debt Collection Activities
On January 7, the Federal Trade Commission announced four new enforcement actions targeting debt collectors and continuing the FTC’s nationwide crackdown of illegal debt collection tactics. The cases are part of Operation Collection Protection, a coordinated federal-state enforcement initiative targeting deceptive and abusive debt collection practices. Over the past year, 130 actions have been brought…
Will Daily Fantasy Sports Survive in 2016?
Despite objections by New York Attorney General Eric Schneiderman, daily fantasy sports (sometimes referred to as “DFS”) fans in New York were able to play using the sites FanDuel and DraftKings over the holidays. This “gift” came in the form of a one-line handwritten order from the First Department of the New …