In July 2015, several companies that were the targets of non-public Consumer Financial Protection Bureau investigations sued the Bureau after it refused to allow their current counsel to attend the Bureau’s investigative testimony of one of the companies’ former attorneys. The companies wanted one of their current attorneys to attend the testimony and assert the
Expect Greater FTC Scrutiny In Wake Of Schrems
On Monday, the European Union said it had reached an agreement in principle with the United States on a revised safe harbor program for trans-Atlantic data flow, following the recent Schrems decision before the Court of Justice of the European Union. Although the specifics remain to be worked out, organizations should brace themselves for likely
Missouri Attorney General Files Suit Against Charter Communications Alleging No-Call Violations
On October 19, Missouri Attorney General Chris Koster filed a federal lawsuit in the United States District Court for the Eastern District of Missouri against Charter Communications, Inc., alleging violations of federal and state telemarketing and “do-not-call” laws. Koster claims that his office received 350 complaints from consumers “about harassing practices by Charter’s telemarketers …
Fifth Circuit: TCPA Violation Requires Connection for Prerecorded Message, But Not for Dialer
On October 20, the United States Court of Appeals for the Fifth Circuit delivered its opinion in Ybarra v. DISH Network, LLC (“DISH”), a case involving alleged violations of the Telephone Consumer Protection Act, which prohibits callers from using an automatic telephone dialer system (“ATDS”) and delivering messages with an “artificial or prerecorded voice” without
Sprint Settles With FTC for Violations of Fair Credit Reporting Act
Pursuant to a stipulated order with the Federal Trade Commission, Sprint will pay $2.95 million in civil penalties for alleged violations of the Fair Credit Reporting Act’s Risk-Based Pricing Rule. The Rule ensures that consumers who are offered less favorable service terms will receive notice of, among other things, any credit score used by the
CFPB Director’s Remarks at MBA Annual Convention: Progress, Updated HMDA Reporting, and Warning to Parties Engaged in Marketing Services Agreements
Consumer Financial Protection Bureau Director Richard Cordray addressed the Mortgage Bankers Association at its Annual Convention on October 19. In his remarks, Cordray:
- Summarized the progress the CFPB has made in addressing the serious problems confronting consumers in the mortgage market and steps taken by the Bureau to restore the American Dream of homeownership;
Following Oral Argument, Supreme Court Appears Split on Whether Offer of Judgment Moots Case
Does a case become moot, and thus beyond the judicial power of Article III, when the plaintiff receives an offer of complete relief on his claim? The Supreme Court is set to answer this constitutional question after hearing oral arguments in Campbell-Ewald Company v. Gomez on October 14.
As we previously reported, Gomez involves
Pennsylvania Federal Court Recognizes Preliminary Decision Does Not Constitute Adverse Action Under FCRA
On October 1, a district judge in the Eastern District of Pennsylvania issued a decision involving disclosure and adverse action claims under the Fair Credit Reporting Act. In its decision, the Court granted summary judgment for the defendants, recognizing a preliminary decision does not constitute adverse action under the FCRA.
In her complaint, the plaintiff
Troutman Sanders Continues Expansion of Privacy Practice with Partner in San Francisco
SAN FRANCISCO, Ca. – Troutman Sanders LLP announced today that Hsiao (Mark) C. Mao has joined the firm as a partner in the San Francisco office. He is a member of the firm’s Cybersecurity, Information Governance and Privacy practice. He joins the firm from Kaufman Dolowich & Voluck, where he was a Co-Chair of the
Join Us for The Knowledge Group Webcast on November 16
We are pleased to announce that Troutman Sanders partners David N. Anthony and Ronald I. Raether, Jr. will present “The Impact of Fair Credit Reporting Act in the Regulatory Enforcement and Developments of Financial Services” during a live webcast on Monday, November 16 from 3-5 p.m. EST. The speakers will provide an overview of the