The U.S. Court of Appeals for the Ninth Circuit in McKnight v. Hinojosa, No. 21-16623, 2022 WL 17333820 (9th Cir. Nov. 30, 2022) considered whether the proposed class action settlement was a "coupon settlement" and therefore...more
The U.S. Court of Appeals for the Third Circuit recently rendered a decision on a common issue in cases against consumer reporting agencies (and furnishers) under the Fair Credit Reporting Act, 15 U.S.C. Section 1681 et seq....more
In a decision highlighting the importance of maintaining procedures for complying with the do-not-call (DNC) provisions of the Telephone Consumer Protection Act (TCPA), the U.S. District Court for the Western District of...more
Less than a year ago, the U.S. Supreme Court in Facebook v. Duguid, 141 S. Ct. 1163 (2021), dealt a significant blow to the Telephone Consumer Protection Act (TCPA) plaintiff's bar, when it adopted a narrow interpretation of...more
The Federal Trade Commission (FTC) issued a final rulemaking on Sept. 8, 2021, clarifying that five Fair Credit Reporting Act (FCRA) rules for which it retains rulemaking authority will apply only to motor vehicle dealers....more
9/22/2021
/ Car Dealerships ,
CFPB Bulletins ,
Consumer Financial Products ,
Credit Reports ,
Dodd-Frank ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Final Rules ,
Financial Services Industry ,
Regulatory Authority ,
Rulemaking Process
With the ongoing COVID-19 pandemic, credit card companies may face increased scrutiny, as Consumer Financial Protection Bureau (CFPB) Acting Director Dave Uejio recently stated that "credit reports play a huge role in...more
8/24/2021
/ Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Counterparties ,
Credit Cards ,
Credit Reporting Agencies ,
Credit Reports ,
Debt Buyers ,
Debt Collection ,
Due Diligence ,
ECOA ,
Enforcement Actions ,
FDCPA ,
Financial Services Industry ,
FTC Act ,
Government Investigations ,
Gramm-Leach-Blilely Act ,
Identity Theft ,
OCC ,
Risk Management ,
Settlement Negotiations
Florida's Senate Bill 1120 became effective on July 1, 2021, and has striking similarities to the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. ยง 227., et. seq. The statute, referred to as Florida's "Mini-TCPA,"...more
7/14/2021
/ Amended Legislation ,
ATDS ,
Corporate Counsel ,
Exemptions ,
Facebook ,
Facebook Inc v Duguid ,
New Legislation ,
Private Right of Action ,
Rebuttable Presumptions ,
TCPA ,
Telemarketing
In TransUnion LLC v. Ramirez, the U.S. Supreme Court upended a class damages award of $40 million under the Fair Credit Reporting Act (FCRA) against TransUnion, one of the "Big Three" credit reporting agencies. The 5-4...more
7/2/2021
/ Article III ,
Class Action ,
Class Members ,
Credit Reporting Agencies ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
SCOTUS ,
Standing ,
TransUnion ,
TransUnion LLC v Ramirez
The U.S. District Court for the District of South Carolina, in the matter of Margueritte Timms v. USAA Federal Savings Bank, 2021 WL 2354931 on June 9, 2021, granted defendant USAA Federal Savings Bank's (USAA) Motion for...more
Amid wildfires and viral plague, a new consumer protection agency rises in the West: The California Department of Financial Protection and Innovation (DFPI). Holland & Knight recently noted that a bill was pending on...more