With
Amanda K. Blackmon
On November 27, the Third Circuit Court of Appeals affirmed a district court's dismissal of a second putative Telephone Consumer Protection Act class action on the grounds that the American Pipe tolling principles did not apply.
With
David Anthony,
David Asbury,
Andrew Buxbaum,
David Gettings
Last month, Troutman Sanders reported on the proposed TRACED Act which would instruct the Federal Communications Commission to engage in rulemaking to protect consumers from receiving unwanted calls and text messages ...
With
Scott Kelly
On November 15, Senators Marco Rubio (R-Fla.) and John Kennedy (R-La.) announced the Small Business Credit Protection Act ...
With
Andrew Buxbaum,
D. Kyle Deak,
Sarah Warren Smith
The Eastern District of Wisconsin issued a ruling dismissing an Equal Credit Opportunity Act case that asserted a novel claim regarding discrimination by a lender in requiring that the applicant...
With
Amir Shachmurove
In an ominous sign, Americans' total debt hit another record high, rising to $13.5 trillion in the last quarter, as student loan delinquencies jumped, according to Reuters.
With
Robert Angle,
David Anthony,
David Gettings,
Amir Shachmurove
On November 16, Sen. John Thune, the current chairman of the Senate Commerce Committee, and Ed Markey, a member of the committee and the author of the Telephone Consumer Protection Act...
With
David Anthony,
Scott Kelly
Troutman Sanders will continue to monitor these developments and provide any further updates as they are available.
With
David Anthony,
Andrew Buxbaum,
Maryia Jones,
Alan Wingfield
Despite two controlling decisions by the Second Circuit in Avila and Taylor, claims involving the "amount of debt" disclosure under the Fair Debt Collection Practices Act ("FDCPA")
With
David Anthony,
Keaton Stoneking
Citing Seventh Circuit precedent, the Eastern District of Wisconsin recently held the broad scope of the Fair Credit Reporting Act's permissible purpose includes use that disregards an attempted restriction request...
With
Matthew T. Anderson,
David Anthony
On August 16, Judge Freda L. Wolfson of the District of New Jersey ruled that a consumer plaintiff's claim that insurance language overshadowed the required debt validation warning can proceed.
With
David Anthony,
Virginia Bell Flynn,
Chad Fuller,
David Gettings,
Michael Lacy,
John Lynch,
Alan Wingfield
On September 20, 2018, the Ninth Circuit in Marks v. Crunch San Diego, LLC (Case: 14-56834), overturned a lower court's ruling that a text messaging system ...
With
David Gettings,
Julie Hoffmeister,
John Lynch,
Meagan Mihalko,
Ronald Raether Jr.,
Timothy St. George,
Alan Wingfield,
Jonathan Yee
Employers and consumer reporting agencies beware: a change to a commonly used form required by the FCRA becomes effective on September 21, 2018, and the price of non-compliance could be class action lawsuits.
With
David Anthony,
Alice Grabe
The Southern District of West Virginia recently held that the reporting of an account being paid through a Chapter 13 bankruptcy
With
Lena Mualla
Currently, some courts allow borrowers to bring Fair Debt Collection Practices Act claims for non-judicial foreclosures while other courts do not, but that is about to change.
With
Robert Angle
On July 19, the Trump Administration's nominee for director of the CFPB, Kathy Kraninger, faced harsh scrutiny from Democrats on the Senate Committee on Banking, Housing and Urban Affairs...
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