Consumer Financial Services Law Monitor - January in Review
We have posted several new topics to the Consumer Financial Services Law Monitor blog throughout the month of January. To read further, click on the titles below:
Featured Posts
A Small Step Toward ‘Employee’ Clarity For FCRA
Two Weeks and Counting: How Will the Federal Court System Handle the Ongoing Government Shutdown?
Fifth Circuit Confirms that Lenders are Not Vicariously Liable for Servicer’s Alleged RESPA Violations
An E-signature Wins Again: Student Bound by Arbitration Signed Agreement Electronically
Join Cindy Hanson for a PLUS Virtual Education Complimentary Webinar: Employer Liability
Consumer Financial Service 2018 Year in Review & A Look Ahead
Auto Finance
Auto Finance Company Settles Massachusetts Charge That it Facilitated Sale of Defective Vehicles
Class Action
Spokeo Argument Sends FCRA-Related Case Back to State Court
Credit Reporting & Data Brokers
FCRA Preemption of State Law Claims Against Furnishers Permits Removal to Federal Court
Northern District of Calif. Holds Plaintiff’s Medical Records are Not Discoverable in FCRA Case
Court Rejects Defendant’s Attempt to Recover Attorneys’ Fees Under “Bad Faith” Provision of the FCRA
Michigan Federal Court Analyzes FCRA Statute of Limitations Issues in Rule 12(b)(6) Opinion
Northern District of Georgia Rules in Equifax Data Breach Cases
Cyber Security, Information Governance & Privacy
Data Privacy: The Current Legal Landscape 2018 Reviewed
Debt Buyers & Collectors
Debt Collector Wins Summary Judgment in FDCPA Account Balance Case
Fourth Circuit Compels Arbitration Over “Gateway” Issue of Arbitrability in FCRA Case
District Court Holds Debt Collector’s Failure to Identify Original Creditors in Debt Collection Letter is “Material” Under the FDCPA
District of Connecticut Dismisses Cross-Motions for Summary Judgment in FDCPA Case
Northern District of Illinois Dismisses Debtor’s Breach of Contract Claim and Allows FDCPA Claim in Class Action Suit
Dunning Letter Did Not Violate FDCPA Requirement to State “Amount of the Debt” Despite Lack of Safe Harbor Language
Law Firm Not a ‘Debt Collector’ Under FDCPA, says Fifth Circuit
Mortgage Lenders & Servicers
Eleventh Circuit Holds Mortgages Not Dischargeable in Chapter 13 Bankruptcy
Branching Out – Western District of Virginia Defines “Branch Office” for Purposes of HUD’s Face-to-Face Meeting Requirement
Sixth Circuit Sheds Light on What Constitutes Ceasing Debt Collection Activities Under FDCPA
Payment Processing & Credit Cards
$11 Million Settlement Heads to Credit Card Company Shareholders for Botched IPO
Privacy
26.3 Billion Robocalls and Counting – Up 46 Percent From 2017
State Attorneys General, CFPB & FTC
Democrats in House Looking to Increase CFPB Military Lending Oversight
Shutdown’s Messy Impact On Consumer Protection Activities
Supreme Court Denies Certiorari in Case Challenging Constitutionality of CFPB
PDR Network Files Opening Punch in Impactful TCPA Case
Government Shutdown May Cause FCC to Cancel January 30 Public Meeting
Student Lending
49 Attorneys General Announce Half Billion Dollar Multistate Settlement with For-Profit Education Company
Navient Argues It Is Not Behind the Steering Wheel of Unfair or Abusive Servicing Practices
TCPA
California District Court Finds Plaintiff’s Thin Factual Allegations Establish Use of ATDS Under Marks
First Amendment Raised as a Defense to Claims Under the Telephone Consumer Protection Act
District of New Jersey Grants Summary Judgment in Favor of Defendant on TCPA Claim Finding That Human Intervention Necessary to Place Calls Removed Calling System from Definition of ATDS
Eighth Circuit Rules Insurer Not Required to Indemnify Client in TCPA Class Action
Court Rules Predictive Dialer Lacking Ability to Generate Numbers Randomly or Sequentially Is Not an ATDS
Amici Chime in on TCPA SCOTUS Case