Last week, a Florida district court approved a class action settlement between Whole Foods Market Group Inc. and an employee class related to Whole Foods’ inclusion of a waiver and liability release in its Fair Credit Reporting Act (FCRA) disclosure form. This settlement, as well as other recent lawsuits and decisions, are reminders to employers
CFPB to Hold Field Hearing on Arbitration in Denver on October 7, 2015
The Consumer Financial Protection Bureau has announced that it will be holding a field hearing on arbitration in Denver, Colorado on Wednesday, October 7 at 11:00 a.m. MDT.
The CFPB’s March 10, 2015 Consumer Arbitration Study has come under scrutiny from the financial services industry. Many believe the CFPB has already concluded that there are
Federal Judge Tosses TCPA Lawsuit Against Telemarketer on Behalf of Charity
A new federal court decision provides important guidance to nonprofits and their vendors in using automatic dialers to place fundraising calls. On September 21, Judge Matthew Leitman of the United States District Court for the Eastern District of Michigan granted summary judgment in favor of Defendant DialAmerica Marketing, Inc. (“DialAmerica”), a telemarketer making calls on
Virginia’s Attorney General Promises Crackdown on Car-Title Loans
On September 11, Virginia Attorney General Mark Herring announced a crackdown on Virginia’s car-title loan industry. Car-title loans are made to borrowers who sign over their car titles as collateral, and are commonly made to individuals with poor credit histories in need of fast cash. Herring claims that such loans “are trapping a lot of
Spokeo Continues to Garner Attention; Argument Set for November 2
Spokeo, Inc. v. Robins has continued to garner attention, both in terms of motions to stay the litigation in the pending case and with respect to amicus briefing by parties interested in the issues raised in this important case. On September 9, the Supreme Court set arguments for the case for November 2. As of
CFPB Appoints New Members to the Consumer Advisory Board, Community Bank Advisory Council, and Credit Union Advisory Council
On September 18, the Consumer Financial Protection Bureau announced the appointment of new members to the Consumer Advisory Board, Community Bank Advisory Council, and Credit Union Advisory Council.
“These advisory bodies play a crucial role in ensuring that the Bureau is addressing the wide variety of perspectives in the consumer financial marketplace,” said CFPB Director
7th Circuit Rejects Neiman Marcus’ Request for Rehearing over Standing in Data Breach Class Action Suit
On September 17, the Seventh Circuit Court of Appeals declined to rehear an appeal it decided against Neiman Marcus over a payment card data breach, leaving in place the precedential ruling that held plaintiffs can sue for the trouble and expense of preventing fraud on their accounts.
The decision stems from a class action suit
CFPB to Host Community Bank Advisory Counsel Meeting
The CFPB will hold a Community Bank Advisory Counsel meeting with Richard Cordray on Wednesday, September 30, from 3:00–4:00 p.m. The meeting will be held in the Second Floor Auditorium of the Bureau’s offices, located at 1275 First Street, N.E., Washington, D.C. 20002.
The topics to be discussed with the Director include
CFPB Refuses to Use Florida Payday Lending Rules as Federal Model
On September 10, Consumer Financial Protection Bureau Director Richard Cordray refused an appeal by members of Florida’s congressional delegation and the state’s top financial regulator to use Florida’s payday-lending rules as a model for planned federal regulation. According to one source, Cordray indicated in a private meeting that he disagreed with certain aspects of Florida’s
FTC Fines Texas Auto Dealer $82,777 for Violating Credit Reporting Requirements
A recent Federal Trade Commission settlement with an auto lender highlights two basic requirements under the Fair Credit Reporting Act for companies that furnish consumer information to consumer reporting agencies (CRAs): (1) furnishers are required by federal law to have written policies aimed to ensure the accuracy and integrity of the information supplied, and (2)