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Searching Content indexed under Consumer Law by Troutman Sanders LLP ordered by Published Date Descending.
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1
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
2
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
3
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
4
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
5
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
6
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
7
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
8
They're Coming For Robocalls! Senators Unveil Bipartisan Proposal
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...
United States
22 Nov 2018
9
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
10
Only Half The Story: Material Distinctions Determine Dismissal Of Claims Against Non-Residents Under Bristol-Myers
Last week, the U.S. District Court for the Middle District of Florida rejected a defendant's attempt to dismiss a proposed class action claiming Fair Debt Collection Practices Act ("FDCPA")...
United States
14 Nov 2018
11
CFPB Publishes Fall 2018 Rulemaking Agenda
According to the CFPB, much of its rulemaking agenda focuses on implementing statutory directives.
United States
14 Nov 2018
12
District Court Holds Use Of Human Intervention In Creation Of Text Message Lists Sufficient To Defeat TCPA Claim
The District Court for the Middle District of Florida recently added to TCPA case law concerning the level of human intervention required to defeat claimed use of an automatic telephone dialing system, or "ATDS," in a TCPA lawsuit.
United States
14 Nov 2018
13
Sixth Circuit Affirms Dismissal Of FCRA "Permissible Purpose" Violations
Accordingly, the dismissal of the action was affirmed.
United States
13 Nov 2018
14
CFPB Expects To Issue Notice Of Proposed Rulemaking On FDCPA
On October 17, the Bureau of Consumer Financial Protection issued its Fall Rulemaking Agenda
United States
13 Nov 2018
15
West Virginia's WVCCPA § 46A-5-108 Cure Statute – A Year In Review
On July 4, 2017, W. Va. Code § 46A-5-108 went into effect, requiring West Virginia consumers to send a written "Notice of Right to Cure" ...
United States
4 Oct 2018
16
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
17
In Case You Missed It: Consumer Financial Services Law Monitor - August In Review
We have posted several new topics to the Consumer Financial Services Law Monitor blog throughout the month of August.
United States
24 Sep 2018
18
CFPB Issues Model FCRA Summary Of Rights Form Ahead Of September 21 Effective Date
On September 12, the Consumer Financial Protection Bureau issued an interim final rule which provided a model
United States
19 Sep 2018
19
Democrat Senators Seek Amendment Of FCRA, FDCPA For Medical Debts
Further, medical debt that has been settled or paid off would be required to be removed from a person's credit report within 45 days of payment or settlement.
United States
10 Sep 2018
20
Contractual Consent Means Something: District Court In Eleventh Circuit Finds Consumer Cannot Revoke Contractually Bargained-For TCPA Consent
If a consumer signs a contract with a creditor in which the consumer consents to be called, can he or she later revoke that consent if they simply change their mind?
United States
5 Sep 2018
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