On May 7, 2018, the Virginia State Corporation Commission (the “Commission”) issued a Final Order (the “Order”) denying the request of Virginia Electric and Power Company (“Dominion”) for approval of six renewable energy...more
The U. S. Court of Appeals for the Fourth Circuit has held that a class representative who failed to allege a concrete injury from incomplete or incorrect information on his credit report did not satisfy the standing...more
Target requires job applicants to sign a “Consent & Disclosure” form advising the applicant that Target will obtain an employment background report. The form discloses that a consumer report or investigative consumer report...more
In 2014, twenty (20) cases were filed in Virginia seeking to redress alleged violations of various consumer protection statutes on a class-wide basis. Most of these cases were concluded in 2015 without the certification of a...more
When employers obtain a consumer report for employment purposes, §1681b(b)(3)(A) of the Fair Credit Reporting Act (the “FCRA”) requires issuance of a pre-adverse action notice to the subject of the report (the “consumer”) if...more
9/15/2015
/ Adverse Employment Action ,
Class Action ,
Credit Reports ,
Criminal Background Checks ,
Employee Credit Checks ,
Employer Liability Issues ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
IBM ,
LexisNexis ,
Notice Requirements ,
Popular ,
Wells Fargo
On-line or electronic banking (“e-banking”) offers many well-known advantages to financial institutions engaged in banking and to their business customers. A significant risk of on-line bank accounts for both financial...more
On March 9, 2015, the United States Supreme Court issued an opinion upholding a 2010 Department of Labor (DOL) interpretative rule finding that mortgage loan officers are generally not administratively exempt from Fair Labor...more
On February 5, 2015, the Federal Trade Commission sent a letter to the Consumer Financial Protection Bureau (“CFPB”) describing its consumer protection efforts in 2014 in the area of debt collection. As reflected in the...more
Forty percent of the consumer class actions filed in Virginia in 2014 alleging violations of the Fair Credit Reporting Act (“FCRA”) relate to background reports for employment purposes. With one exception, all of the cases...more
In Virginia, class action lawsuits are not permitted in state court. This limitation, however, does not mean that companies doing business in Virginia are not defending class action lawsuits in Virginia....more
1/15/2015
/ Class Action ,
Credit Reporting Agencies ,
Debt Collectors ,
Employer Liability Issues ,
Fair Credit Reporting Act (FCRA) ,
Fair Housing Act (FHA) ,
Fair Labor Standards Act (FLSA) ,
FDCPA ,
Financial Institutions ,
Insurance Industry ,
Manufacturers ,
Retailers ,
TCPA ,
Wage and Hour
On May 22, 2014, the Consumer Financial Protection Bureau (“CFPB”) issued an edition of its Supervisory Highlights that includes eight suggested steps to take to avoid fair lending violations when granting credit exceptions....more