CFPB To Collect Information on Compliance Costs, Hold Hearing on Prepaid Cards by BuckleySandler LLP on 5/23/2012 On May 15, the CFPB published a notice and request for comment regarding its collection of information concerning the costs expected to be incurred by institutions required to comply with CFPB rules. The notice identifies...more
Spotlight on Auto Finance (Part 2 of 3): New Database to Combat Fraud Against Military and Veterans by BuckleySandler LLP on 5/23/2012 The federal government is increasing scrutiny of financial services companies’ practices affecting active military members, veterans and their families. Earlier this year, the CFPB along with the FTC, the Department of...more
Spam, spam, wonderful spam by Jessica John Bowman by McAfee & Taft on 5/18/2012 Originally published in The Journal Record - May 17, 2012. At first glance, email marketing campaigns may appear to be an ideal way to market your business: A business that engages in an email marketing campaign can...more
CFPB Seeks Input on Study of Mandatory Arbitration Clauses by Loeb & Loeb LLP on 5/18/2012 The Consumer Financial Protection Bureau (CFPB) has launched the preliminary stage of its study into the use of mandatory arbitration clauses by issuing a Request for Information to the public asking for suggestions about how...more
Pondering (Not Jumping) Hurdles to E-Commerce in Canada by Fraser Milner Casgrain LLP on 5/18/2012 So, what can Canada do to become a leader in e-commerce? Canada’s House of Commons Standing Committee on Industry, Science and Technology would like to offer some suggestions for how the Government can help and Industry...more
CFPB to hold May 23 field hearing on prepaid cards: an ominous sign? by Ballard Spahr LLP on 5/17/2012 The CFPB has announced that it will be holding a field hearing on prepaid cards in Durham, North Carolina on Wednesday, May 23, 2012. Director Cordray will be delivering remarks and testimony is expected from consumer and...more
FTC Holder Rule opinion may guide CFPB by Ballard Spahr LLP on 5/17/2012 On May 3, the Federal Trade Commission issued an advisory opinion interpretating its Holder Rule (officially titled the Trade Regulation Rule Concerning Preservation of Consumers’ Claims and Defenses). The Holder Rule...more
Seventh Circuit Holds TCPA Requires Consent from Current Cell Phone Subscriber for Autodialed Calls by Ballard Spahr LLP on 5/16/2012 A debt collector’s autodialed calls to a reassigned cellular telephone number violate the Telephone Consumer Protection Act (TCPA) unless the current subscriber to that number has consented to the calls, the Seventh Circuit...more
FTC Rejects Limits on Affirmative Recovery under Holder Rule by Ballard Spahr LLP on 5/15/2012 The Federal Trade Commission has declared that a consumer’s right to an affirmative recovery under the Holder Rule is not limited to circumstances where the consumer can legally rescind the transaction or had purchased...more
Construction Oberview: Maryland Court of Appeals Rules that Consumer Protection Act Applies to Condominium Resale Disclosures by Ober|Kaler on 5/14/2012 In a unanimous opinion filed on April 30, 2012, the Maryland Court of Appeals has established that provisions of the Maryland Consumer Protection Act apply to the information contained in a condominium resale certificate. The...more
May 2012: Class Action Litigation Update: Data Breach Class Actions—Courts Treat Theft Differently From Mere Loss by Quinn Emanuel Urquhart & Sullivan, LLP on 5/14/2012 Any company that stores or processes consumers’ personal information is at risk of suffering a data breach — and, potentially, defending a class action lawsuit. Class actions based on data breaches are increasingly common and...more
Debt Collector’s Voice Message Not a ‘Communication’ under FDCPA, Federal Judge Rules by Ballard Spahr LLP on 5/14/2012 A recent decision by a federal judge in Minnesota may offer a solution to the Hobson’s choice currently facing debt collectors whenever a call to a debtor is picked up by an answering machine or voicemail. In Zortman v....more
FTC Affirms Holder in Due Course Rule by BuckleySandler LLP on 5/14/2012 On May 10, the FTC released an advisory opinion affirming that the Holder in Due Course Rule does not limit or preclude a consumer’s right to recovery other than to restrict awards to monies paid under a contract. The opinion...more
Some views from the other side by Ballard Spahr LLP on 5/10/2012 We think two posts by Deepak Gupta that recently appeared on the Consumer Law & Policy Blog make for interesting reading. Last July, on our blog, we wrote about how the hiring of Mr. Gupta by the CFPB’s Office of General...more
CFPB Releases First Annual Report on Consumer Credit Card Complaints by Davis Wright Tremaine LLP on 5/9/2012 The Consumer Financial Protection Bureau (“CFPB”) released its first “Consumer Response Annual Report” on March 31, 2012 (“Annual Report”), summarizing over 6,000 consumer credit card complaints that the CFPB received from...more