Searching Content indexed under Consumer Law by Michael Lacy ordered by Published Date Descending.
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Eighth Circuit Holds That Plaintiff Who Consented To Alleged FCRA Violation Lacks Standing
a recent Eighth Circuit case, the appellate court vacated the district court's orders, holding that the plaintiff lacked Article III standing to bring her Fair Credit Reporting Act claims in federal court.
United States
14 Nov 2018
ALERT For Ninth Circuit And TCPA: A System That Has The Capacity To Automatically Dial Stored Numbers Is An ATDS
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 ...
United States
26 Sep 2018
Ninth Circuit Relies On Spokeo To Affirm Dismissal Of FACTA Suit
On February 21, the Ninth Circuit affirmed a district court's dismissal of an action brought under the Fair and Accurate Credit Transactions Act ("FACTA"), finding that the plaintiff ...
United States
27 Feb 2018
District Judge Invalidates FACTA Settlement Based On Spokeo
The deal ran into trouble soon thereafter, as the parties had difficulty finding and locating individual class members.
United States
21 Feb 2018
Annual Report: 2017 Consumer Financial Services Year In Review And A Look Ahead
2017 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation and forthcoming changes from the Trump Administration...
United States
11 Jan 2018
GAO Sounds Death Knell For The CFPB's Key Statement Of Its "Disparate Impact" Theories In Indirect Auto Finance
On Tuesday, December 5, 2017, the Government Accountability Office ("GAO") levelled a heavy blow on a major regulatory initiative of the Consumer Financial Protection Bureau ("CFPB") ...
United States
11 Dec 2017
District Court Relies On Spokeo To Dismiss FACTA Suit
On November 6, a judge in the Southern District of New York dismissed a proposed class action alleging that Wolfgang's Steakhouse impermissibly printed payment card expiration dates on customers' receipts ...
United States
15 Nov 2017
Congress Kills CFPB's Arbitration Ban For Financial Services Companies, Returning Focus To State V. Federal Court Wars
On Tuesday, October 24, 2017, the Senate voted to nullify the Consumer Financial Protection Bureau's ("CFPB") arbitration rule (the "Rule") in a 51-50 vote.
United States
6 Nov 2017
Congress Kills CFPB's Arbitration Ban For Financial Services Companies, Returning Focus To State v. Federal Court Wars
On Tuesday, October 24, 2017, the Senate voted to nullify the Consumer Financial Protection Bureau's ("CFPB") arbitration rule (the "Rule") in a 51-50 vote.
United States
3 Nov 2017
CFPB Seeks Commentary On Proposed Changes To Prepaid Rule
The Consumer Financial Protection Bureau has issued a formal request for public commentary on proposed changes to the Prepaid Rule, which was issued in October 2016. According to the Bureau...
United States
22 Aug 2017
CFPB Encourages Retail Credit Card Companies To Consider More Transparent Promotions
The CFPB sent letters to the top retail credit card companies at the beginning of June, encouraging the companies to use more transparent promotions, citing a major retailer's decision to end...
United States
27 Jun 2017
Spokeo Strikes Again: Fourth Circuit Reverses And Dismisses $12 Million FCRA Class Action On Spokeo Grounds
In one of the most significant post-Spokeo decisions to date, the Fourth Circuit unanimously reversed and dismissed a nearly $12 million Fair Credit Reporting Act ("FCRA") class action judgment...
United States
19 May 2017
District Court Rules Credit Card Debt Collection Dispute Must Be Arbitrated
On December 2, Judge Valerie Caproni of the Southern District of New York ruled that a class action suit alleging violations of the Fair Debt Collection Practices Act must be arbitrated.
United States
10 Dec 2016
Missouri Federal Court Finds FDCPA's Limitations Period Is Jurisdictional And Rejects Credit Reporting Claims Against Debt Collector
On July 14, the U.S. District Court for the Eastern District of Missouri granted United Collection Bureau's motion for summary judgment in an individual action brought under the Fair Debt Collection Practices Act.
United States
10 Aug 2015
Director Cordray Comments On Ability-To-Repay, TRID, And Credit Cards
On July 15, Consumer Financial Protection Bureau ("CFPB") Director Richard Cordray provided insightful testimony on a number of subjects in an appearance before the Senate Banking Committee.
United States
24 Jul 2015
FTC Sending Nearly $4 Million To Consumers Extorted In Credit Card Debt Collection Scam
As we discussed last year, the Federal Trade Commission announced in May 2014 that it settled charges against Asset Capital and Management Group...
United States
4 Jul 2015
ACA Provides Commentary To CFPB On Credit Card Market
ACA reached out to its members in a cooperative effort to provide the CFPB with insights into industry compliance efforts from the perspective of collecting consumer credit card debt.
United States
3 Jul 2015
FTC Settles $26M Enforcement Action Against Credit Card Payment Processor
On May 5, the Federal Trade Commission obtained court approval of a settlement against CardFlex, Inc. and its CEO and President, Andrew Phillips, and Executive Vice President of Operations, John Blaugrund.
United States
15 May 2015
CFPB Extends CARD Act Comment Period Regarding Four Areas Of Interest
As we discussed in March, the Consumer Financial Protection Bureau is soliciting public comment on how the credit card market is functioning and the impact of credit card protections on consumers and issuers.
United States
14 May 2015
NBPCA Lobbies CFPB To Avoid Restrictive Prepaid Account Rules
The NBPCA is a non-profit trade association that supports the growth and success of network branded prepaid cards and represents the interests of companies operating in this growing payments category.
United States
13 Apr 2015
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