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Searching Content indexed under Consumer Protection by Troutman Sanders LLP ordered by Published Date Descending.
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1
FTC Solicits Comments On Red Flags Rule And Card Issuers Rule
On December 4, the Federal Trade Commission announced that it is seeking comment on whether the agency should make changes to rules requiring that financial institutions and creditors...
United States
13 Dec 2018
2
Third Circuit Court Of Appeals Declines To Apply American Pipe Tolling To Class Claims, Claims Of Named Plaintiff, And Claims Of Named Plaintiff's Company
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.
United States
10 Dec 2018
3
Fifth Circuit Affirms District Court's Decision, Awards No Fees To Plaintiff's Counsel For Successful FDCPA Claim Due To "Special Circumstances" Exception
Generally, a successful judgment for a violation of the FDCPA allows for an award of attorney's fees for the consumer's counsel.
United States
5 Dec 2018
4
District Of Minnesota Breaks New Ground for Wrong Number Cases Under TCPA
The Court first considered whether the calls were made using an ATDS.
United States
5 Dec 2018
5
They're REALLY Coming For Robocalls! FCC Releases Final Draft Proposal Designed To Reduce Robocalls
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 ...
United States
5 Dec 2018
6
District Court Rejects Argument That Pharmacy Prescription Calls Are Protected By TCPA Emergency Purposes Exception
Early this month, in Smith v. Rite Aid Corporation, 2018 WL 5828693 (W.D.N.Y. Nov. 7, 2018),
United States
3 Dec 2018
7
FCC Chairman Proposes Reassigned Numbers Database And Supports Blocking Of Spam Robotexts
On November 20, Federal Communications Commission Chairman Ajit Pai proposed the implementation of a reassigned numbers database and a declaration that wireless providers are authorized to take measures to stop unwanted text messaging.
United States
30 Nov 2018
8
Tampa Bay Rays Almost Strike Out On TCPA Class Action Dismissal Attempt
Second, the Rays also moved to dismiss based on Fernandez's ability to bring the case as a class action.
United States
30 Nov 2018
9
Virginia AG Untangles Online Lending Web And Obtains $50 Million Judgment
This swift action embodies Attorney General Mark Herring's recent effort to vigorously enforce Virginia's lending laws.
United States
30 Nov 2018
10
NexGen Student Loan Servicing: What You Need To Know
The next generation of federal student loan servicing is scheduled to debut in 2019.
United States
30 Nov 2018
11
Federal Judge Grants Summary Judgment In Favor Of Debt Collector In TCPA, FDCPA Case Over Calls To Reassigned Number
Does minor human involvement disqualify a telephony device as an automatic telephone dialing system, or "ATDS," for purposes of liability under the Telephone Consumer Protection Act?
United States
30 Nov 2018
12
Court Grants Final Approval Of $1.2M FCRA Class Action Settlement Against Petco
On November 16, the United States District Court for the Southern District of California granted final approval of a $1.2 million Fair Credit Reporting Act class action settlement against Petco Animal Supplies, Inc.
United States
29 Nov 2018
13
Republican Senators Propose Small Business Credit Protection Act
On November 15, Senators Marco Rubio (R-Fla.) and John Kennedy (R-La.) announced the Small Business Credit Protection Act ...
United States
28 Nov 2018
14
Eleventh Circuit Affirms Dismissal Of Consumer's FDCPA Claim For Failing To State A Plausible Claim For Relief
In a recent decision, the Eleventh Circuit affirmed the Middle District of Alabama's dismissal of a consumer's claim under § 1692g of the Fair Debt Collection Practices Act...
United States
26 Nov 2018
15
Lender's Requirement Of Dispute-Free Credit Report Does Not Violate ECOA
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...
United States
26 Nov 2018
16
Court Grants Summary Judgment To Defendant In TCPA Case Involving Reassigned Telephone Number
A Minnesota District Court judge granted summary judgment on November 13 in favor of the defendant in Roark v. Credit One Bank, N.A., a Telephone Consumer Protection Act lawsuit...
United States
26 Nov 2018
17
CFPB Updates Loan Originator Rule Guide And HOEPA Rule Guide
Recently, the Consumer Financial Protection Bureau issued revised versions of the small entity compliance guides for the Loan Originator Rule and the Home Ownership and Equity Protection Act ("HOEPA")
United States
23 Nov 2018
18
Debt Picture Gets Worse In Third Quarter Of 2018
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.
United States
23 Nov 2018
19
State Attorneys General Declare Opposition To Congressional Attempts To Expand Federal Preemption
As Congress' emboldened majority has sought to lessen the federal government's regulatory footprint, the states have not always been quiet, as one summertime example amply shows.
United States
22 Nov 2018
20
Lone Court Decision Complicates Question Regarding Effect Of Bankruptcy Under WVCCPA
The West Virginia Consumer Credit and Protection Act ("WVCCPA") is a remedial statute designed to protect West Virginia consumers from improper debt collection.
United States
22 Nov 2018
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