We have posted several new topics to the Consumer Financial Services Law Monitor blog throughout the month of April. To read further, click on the titles below:

Featured Posts / Client Alerts

District of Nevada Applies ACA Int’l v. FCC, Grants Summary Judgment in Favor of Defendant on TCPA Claim

OCC Backs Request for Rehearing Seeking En Banc Review of Ninth Circuit Decision Denying NBA Preemption

Senate Passes Resolution to Overturn CFPB’s 2013 Auto Finance Guidance

Supreme Court Will Not Review the Seventh Circuit’s Controversial Decision that Compliance with Controlling Law May Result in FDCPA Liability

Background Screening

San Francisco Expands Scope of Existing “Ban the Box” Law

Background Screening Company Defeats FCRA Claim with Standing and Effective Procedures Defenses

Ohio Court Throws Out FCRA Case Based on Initial Grade

FCRA Filings Continue Upward Trajectory in 2018

Class Actions

California Court of Appeal Holds Mortgage Servicers Can be Debt Collectors Under State’s Debt Collection Law

U.S. District Court Awards Summary Judgment to Debt Collector on “Tax Consequences” Disclosure in Collection Letter

No Bill of Sale? No Problem- District Court Orders Arbitration in FDCPA Action Even Though Original Bill of Sale Was Unavailable

Cybersecurity, Information Governance & Data Privacy

State AGs Have Bone to Pick with Proposed Federal Breach Notification Law

Hot Off the Press: NIST Releases Version 1.1 of Cybersecurity Framework

MyFitnessPal Apparently Has Some Foes; Under Armour Reacts Quickly to Massive Data Breach

Debt Buyers and Collectors

Seventh Circuit Rejects Use of Safe Harbor Language With Variable Amount of Debt

E.D.N.Y. Exonerates Debt Collector for Using Safe Harbor Language, Considers Sanctions Against Plaintiffs Counsel for Bringing Meritless Claim

Court Rejects FDCPA Theory of Liability Based on Collection of Attorneys’ Fees Incurred by In-House Counsel

Alleged Debt Collector Wins Summary Judgement After Plaintiff Fails to Show Account at Issue is a “Consumer Debt”

Events

May 9: ACI’s Women Leaders in Financial Services Law and Compliance Conference

June 12 – 14: 9th Annual NetDiligence Cyber Risk Summit Conference