A recent case out of the Eastern District of California addressed the split in authority on whether an inaccurate credit report alone is enough to establish a concrete injury in fact for purposes of Article III standing. ...more
In Davis v. Experian Information Solutions, No. 20-15667, 2021 WL 2375933 (9th Cir. June 10, 2021), Plaintiff alleged that Experian violated sections 1681e and 1681i of the Fair Credit Reporting Act (“FCRA”) by “failing to...more
Highlights
- Courthouses are here to stay but virtual options may stay for pre-trial proceedings.
- Remote trials raise some concerns, including due process claims.
- Courts will continue to use technology to relieve the...more
In July 2020, the Supreme Court held in Barr v. Am. Ass’n Policitical Consultants, 140 S. Ct. 2335 (2020) that the TCPA’s government debt exception passed by Congress in 2015 rendered the statute an unconstitutional...more
On January 5, 2021, the Consumer Financial Protection Bureau’s Taskforce on Federal Consumer Financial Law Report issued a two-volume report on “how to improve consumer protection in the financial marketplace.” The...more
1/15/2021
/ Class Action ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Reports ,
Credit Reporting Agencies ,
Dodd-Frank ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Regulation V ,
Rulemaking Process
Written by Nikku Khalifian Political campaigns remain prime targets during election season. And, despite a narrow interpretation of an ATDS by the Seventh Circuit, one District Court in Illinois found that the Plaintiff had...more
The Supreme Court’s decision to grant certiorari in Facebook, Inc. v. Duguid has been in the forefront of the TCPA world since July when news of the decision hit. With this granting of certiorari comes the promise to resolve...more
The Federal Trade Commission (“FTC”) is seeking comment on proposed changes that would clarify that five FCRA rules promulgated by the FTC apply only to motor vehicle dealers. The FTC’s proposed changes would bring several...more
A three-judge panel in the Second Circuit recently affirmed a Connecticut district court decision dismissing a Fair Credit Reporting Act suit against Salisbury Bank and Trust Company because the customer had not notified a...more
The Consumer Financial Protection Bureau (“CFPB”) hosted a webinar, led by Director Kathy Kraninger and Associate Director for Supervision, Enforcement, and Fair Lending Bryan Schneider, laying out its supervisory and...more
The TCPA’s regulation of automated telephone calls differ based upon the purpose of the call and/or the content of the message communicated. Specifically, the TCPA imposes heightened requirements for calls that are deemed...more
Beginning June 13, Idaho became one of the first states to allow all businesses throughout the State to reopen. With this expansion in reopening, Idaho, and many other states throughout the nation, have seen statewide and...more
Kohl’s Department Stores Inc. settled Federal Trade Commission claims that it violated the Fair Credit Reporting Act (FCRA) by failing to provide required application and business transaction records to consumers who were...more
This week marks a stunning (literally) transition in our three-month COVID-19 State Closure/Reopening Project. Every state in the country is now squarely in the process of going green — reopening all sectors of their...more
6/12/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Economic Downturn ,
Health and Safety ,
Infectious Diseases ,
Public Health ,
Re-Opening Guidelines ,
Recessions ,
Shelter-In-Place ,
State and Local Government ,
World Health Organization
The TCPA allows consumers to revoke consent “through any reasonable means.” A recent case out of the Eastern District of California provides new guidance on what is not considered reasonable.
In Wright v. USAA Sav. Bank,...more
California, Oregon, and Washington, recently joined by Colorado and Nevada, have agreed on a shared vision for reopening their economies and controlling the spread of COVID-19 called the Western States Pact, recognizing the...more
In response to Senate Report 116-111, the Federal Trade Commission (“FTC”) recently submitted a report to Congress updating lawmakers on “its consumer education efforts with respect to disputing and correcting information in...more
We recently discussed the Coronavirus Aid, Relief and Economic Security Act (CARES Act) and how it amends the duties of a furnisher of information under the Fair Credit Reporting Act (FCRA) in light of the COVID-19 pandemic....more
A recent Sixth Circuit decision addressed whether FCRA imposes a technical-accuracy standard or an “inaccurate or misleading standard” on § 1681e(b) plaintiffs.
In Twumasi-Ankrah v. Checkr, Inc., 2020 U.S. App. LEXIS 10427...more
A recent case involving a mortgage broker who revealed personal financial information on Yelp brought a modern perspective to the scope of FCRA protections.
In United States of America, on behalf of the Federal Trade...more
We recently discussed the Telephone Consumer Protection Act’s (TCPA) exemption for autodialed calls, prerecorded messages, and text messages made for emergency purposes and what the exemption means for businesses who need to...more
3/23/2020
/ Coronavirus/COVID-19 ,
Executive Orders ,
Governor Bel Edwards ,
Governor Cuomo ,
Governor Justice ,
Public Health ,
Public Health Emergency ,
State and Local Government ,
State of Emergency ,
TCPA ,
Telemarketing ,
Text Messages
The current state of the world has raised many concerns for the well-being of its citizens. COVID-19, more commonly referred to as the Coronavirus, has not only created panic surrounding the health and social welfare of the...more
The Eleventh Circuit in Glasser v. Hilton Grand Vacations Co., LLC recently confirmed that the definition of Automatic Telephone Dialing System (ATDS) is narrow, holding that to qualify a dialer must both have the capacity to...more