On May 16, 2016, a unanimous U.S. Supreme Court ruled that private attorneys hired by states to collect back taxes and other debts did not mislead investors by sending collection letters to borrowers using the state Attorney General’s letterhead. The Court found that the attorneys were acting as agents of the Attorney General and, therefore,
State Attorneys General
FTC Offers New Interactive Tool for Mobile Health App Developers
“Does your mobile app collect, create, or share consumer information? Does it diagnose or treat a disease or health condition?” If so, then the FTC’s new online tool may assist you in understanding what federal laws or regulations might apply to your app.
The Mobile Health Apps Interactive Tool recently went online and offers developers …
Missouri’s Action Against Charter for Improper Telemarketing Largely Survives First Legal Test
A government enforcement action against Charter Communications, Inc. for alleged violations of federal and state telecommunications laws has mostly withstood the first legal challenge. As we previously reported, Missouri Attorney General Chris Koster filed a federal lawsuit in October 2015 against Charter alleging violations of federal and state telemarketing and “do-not-call” laws. The lawsuit …
Auto Lenders Settle Excessive Interest Claims With Massachusetts Attorney General for $7.4 Million
On March 16, Massachusetts Attorney General Maura Healey announced a $7.4 million settlement with two national auto lenders, American Credit Acceptance LLC (“ACA”) and Westlake Services LLC (“Westlake”). The settlement resolves claims against the lenders that they charged excessive interest rates on subprime automotive loans. ACA settled for $1.7 million, and Westlake for $5.7 million. …
FTC Commissioner Brill to Resign
Commissioner Julie Brill with the Federal Trade Commission recently announced that she will step down at the end of this month to enter private practice.
Brill was appointed by President Obama and sworn in on April 6, 2010. Prior to joining the FTC, Brill was the Senior Deputy Attorney General and Chief of Consumer Protection …
Join Us for the Credit and Collection News Annual Conference March 30 – April 1
We are pleased to announce that Troutman Sanders partners Ashley Taylor and David Anthony will be featured speakers at the upcoming Credit and Collections News (CCN) Annual Conference. The conference will be held March 30 through April 1 at the Ritz-Carlton in Amelia Island, Florida.
Ashley will speak on a panel entitled “Working with Your…
FTC and Maine Attorney General Action Against Weight Loss Supplement Sellers Results in Joint $16.4 Million Settlement
The FTC and Maine Office of the Attorney General recently announced a joint settlement with two Portland–based sellers of weight loss supplements. The joint complaint filed in the United States District Court for the District of Maine alleged that Anthony Dill, his wife Staci Dill, and their two companies, Direct Alternatives and Original …
Coalition of State Attorneys General Urges Passage of the HANGUP Act
As we previously reported, on November 4, 2015, U. S. Senator Edward Markey (D-Mass.) introduced the Help Americans Never Get Unwanted Phone calls Act of 2015—or HANGUP Act for short. The legislation, which has 14 Democratic co-sponsors, would repeal section 301(b) of the Bipartisan Budget Act of 2015, which …
“Ban the Box” Proposal for Public Employment Positions Passes Virginia’s Senate
On January 25, on a 23-15 vote, Virginia’s “ban the box” bill, SB335, passed the Virginia Senate. The proposal will now make its way to the Virginia House of Delegates for deliberation and potential approval.
SB 335 generally bars “state agencies” from inquiring into a job candidate’s criminal background before …
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 …