Yesterday, the CFPB took the first step in enforcing the “abusive” standard under the Dodd-Frank Act’s prohibition of unfair, deceptive and abusive acts and practices (“UDAAP”) by filing a federal action against a Florida...more
6/5/2013 - CFPB Debt Collection Debt-Relief Industry Dodd-Frank FTC Telemarketing Sales Rule Unfair or Deceptive Trade Practices
Procedural rules that govern lawsuits in federal court permit defendants to make an “offer of judgment,” which is a mechanism allowing a defendant to offer to settle a lawsuit....more
6/5/2013 - Collective Actions FLSA Genesis HealthCare Genesis Healthcare Corp. v. Symczyk Mootness SCOTUS Settlement
Consumer complaints are playing a big role in the federal government’s identification of and investigations into violations of consumer protection laws. The Federal Trade Commission (“FTC”) recently released its 2012 annual...more
3/13/2013 - Consumer Sentinel Network Credit Reports Debt Collection Fraud FTC Lenders Mortgages
A large bank was sued in federal court in New York last week by a putative nationwide class alleging that the bank engaged in “unfair, deceptive, and unconscionable assessment and collection of excessive overdraft fees.”...more
12/26/2012 - Class Action HSBC Overdraft Fees Unfair or Deceptive Trade Practices
The Consumer Financial Protection Bureau (the “Bureau”) has taken over rulemaking and enforcement responsibilities for the Fair Credit Reporting Act (“FCRA”) and has updated an important FCRA form that employers must use when...more
12/19/2012 - Background Checks CFPB Credit Reporting Agencies Credit Reports FCRA Job Applicants Summary of Rights
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