Articles + Publications February 1, 2021

In Case You Missed It: 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 December. To read further, click on the titles below:

FEATURED POSTS

Game On! Biden Nominates Chopra to Lead the CFPB

OCC Finalizes Rule Requiring Large Banks to Provide Fair Access to Services, Capital, and Credit

More Privacy Please

7th Circuit Challenges Whether Plaintiffs Had Standing in Recent District Court Cases

U.S. District Court Invalidates Two Provisions of the CFPB’s Prepaid Rule: The Disclosure Clauses and the Thirty-Day Credit Linking Restriction

Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter – January 25, 2021

Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter – January 19, 2021

Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter – January 11, 2021

Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter – January 4, 2021

BACKGROUND SCREENING

Professional Background Screening Association Wins Freedom of Information Appeal Against Arkansas Clerk of Court

CLASS ACTIONS

No Federal Court Standing for Data Breach Claims Alleging Theft of Non-Sensitive Personal Information

Ohio State Court Rules That Healthcare Clinics and Hospitals Are Not Exempt From Ohio’s Consumer Sales Practices Act

Storytelling & Professional Plaintiffs: The District Court for the Northern District of Texas Denies Class Certification in TCPA Case

CREDIT REPORTING AND DATA BROKERS

Context Matters: Court Grants Summary Judgment for Defendant and Emphasizes that Entire Tradeline Must be Analyzed in FCRA Claims

Home Security Company Will Pay $600,000 Civil Penalty in FCRA Settlement for Failing to Provide Risk-Based Pricing Notice

Factually v. Legally Inaccurate Information, The Difference Matters: Court Rejects FCRA Claims Based on Disputed Legal Issue

Federal Preemption Does Not Always Constitute Grounds For Removal: Court Rejects Removal Based On FCRA And FDCPA Preemption Claims

CYBER SECURITIES, INFORMATION GOVERNANCE AND PRIVACY

DEBT BUYERS AND COLLECTORS

Ambiguity in Debt Collection Letters: The United States District Court for the Middle District of North Carolina Denies Motion to Dismiss FDCPA Class Action Claim

Service Fee Language in Debt Collection Letters: District Court for the Eastern District of California Grants Defendants’ Motion to Dismiss FDCPA Claims

Colorado’s Moratorium On “Extraordinary” Collection Actions Extended Until June 2021

Reasonable Procedures and The Bona Fide Error Defense: District Court for the Southern District of Indiana Grants Summary Judgment to Defendant in FDCPA Case

MORTGAGE LENDERS AND SERVICERS

STATE ATTORNEYS GENERAL, CFPB AND FTC

TCPA

One Ringless Voicemail: On Appeal, Eleventh Circuit Affirms District Court Holding on Article III Standing in TCPA Case

One Ring Too Many – FCC Caps Number of Exempt TCPA Calls

District Court Finds Calls to Cell Phones Do not Violate the TCPA’s Prohibition Against Telephone Solicitations to Residential Telephone Subscribers

Summary Judgment & Shifting the Burden of Proof: Court Grants Summary Judgment for Plaintiff and Denies Summary Judgment for Defendant in FDCPA and TCPA Case

Northern District of California Refuses to Examine Declaratory FCC Ruling for Validity in TCPA Class Case

District Court Relies on “Capacity” Issue in Denying Debt Collector Summary Judgment Under TCPA

FCC Holds Calls About Free Clinical Pharmaceutical Trials Are Not “Advertising” Under the TCPA

President Biden Calls on Rosenworcel as Acting FCC Chair

ONLINE LENDING

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