martindale.com
Legal Library
|
Show: results per page Sort by:  | FCC Ruling: Companies Can Be Held Vicariously Liable Under the TCPA for Actions Taken by Third-Party Vendors
David N. Anthony, Virginia Bell Flynn, John C. Lynch, Jason E. Manning, Alan D. Wingfield; Troutman Sanders LLP;
Legal Alert/Article May 17, 2013, previously published on May 16, 2013 The law is clear that if a company makes a call for telemarketing or solicitation purposes then it can be subject to the Telephone Consumer Protection Act (TCPA). An open question has been whether that same company, which hires an outside third-party vendor to make these calls on the...
| | Major Development: CFPB and U.S. Attorney Collaborate to Bring Federal Criminal Charges Against Debt Relief Company, Principal and Employees
David N. Anthony, Scott Kelly, John S. West, Alan D. Wingfield; Troutman Sanders LLP;
Legal Alert/Article May 10, 2013, previously published on May 8, 2013 In an unprecedented move, the Consumer Financial Protection Bureau (CFPB) announced on May 7, 2013, that it has made a criminal referral to the United States Attorney for the Southern District of New York. U.S. Attorney Preet Bharara, in conjunction with the CFPB’s announcement of its own...
| | FCRA Alert: FTC Settles Civil Investigation of Criminal Background Screeners with Consent Order
David N. Anthony, Scott Kelly, Alan D. Wingfield; Troutman Sanders LLP;
Legal Alert/Article May 6, 2013, previously published on May 2, 2013 In recent enforcement actions, the Federal Trade Commission (FTC) continues to show its regulatory teeth in the FCRA arena. On April 30, 2013, the FTC settled charges against two criminal record vendors, Filiquarian Publishing LLC and Choice Level LLC, as well as their CEO Joshua Linsk, for various...
| | Debt Collectors Get Ready: The CFPB Isn’t the Only Agency to Fear
David N. Anthony, Virginia Bell Flynn, Alan D. Wingfield; Troutman Sanders LLP;
Legal Alert/Article May 6, 2013, previously published on May 3, 2013 The Federal Trade Commission and the Consumer Financial Protection Bureau have announced a jointly-sponsored “roundtable” to address “data integrity” in the debt collection process, to be held June 6, 2013. This initiative, while innocuously presented as an information...
| | CFPB Issues Small Entity Compliance Guide for Ability-to-Repay Rule
David N. Anthony, Scott Kelly, Michael E. Lacy, Alan D. Wingfield; Troutman Sanders LLP;
Legal Alert/Article April 15, 2013, previously published on April 11, 2013 On April 10, 2013, the Consumer Financial Protection Bureau (CFPB) issued a Small Entity Compliance Guide (the “Guide”) for its Ability-to-Repay/Qualified Mortgage final rule (the “ATR/QM Rule”) that is slated to go into effect on January 10, 2014. According to the CFPB, its...
| | Fourth Circuit Finds HOLA Does Not Preempt State-Law Fraud Claim
David N. Anthony, Nicola Harrison, S. Mohsin Reza, Alan D. Wingfield; Troutman Sanders LLP;
Legal Alert/Article April 3, 2013, previously published on April 2, 2013 On March 25, 2013, the U.S. Court of Appeals for the Fourth Circuit issued its opinion in McCauley v. Home Loan Investment Bank, F.S.B., a case in which a borrower alleged West Virginia state law claims of unconscionability and fraud in relation to the closing on the plaintiff’s mortgage...
| | Comcast v. Behrend: U.S. Supreme Court Reiterates “Rigorous” Analysis Required at Class Certification Stage
David N. Anthony, Scott Kelly, Alan D. Wingfield; Troutman Sanders LLP;
Legal Alert/Article April 1, 2013, previously published on March 27, 2013 Today, the U.S. Supreme Court once again instructed federal courts that a rigorous, and often merits-overlapping, analysis of Rule 23’s requirements is obligatory at the class certification stage. The case, Comcast v. Behrend, involved accusations against Comcast for violations of the Sherman...
| | CFPB Issues 2013 Annual Report: Debt Collection Industry Remains a Top Priority
David N. Anthony, Virginia Bell Flynn, Alan D. Wingfield; Troutman Sanders LLP;
Legal Alert/Article March 28, 2013, previously published on March 25, 2013 As if the debt collection industry needed another reminder, the March 20, 2013 Fair Debt Collection Practices Act (FDCPA) second annual report from the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC) makes absolutely clear that regulation of debt collection...
| | CFPB Announces Plans to Fundamentally Change Indirect Auto Lending Practices
David N. Anthony, Paige S. Fitzgerald, Virginia Bell Flynn, Alan D. Wingfield; Troutman Sanders LLP;
Legal Alert/Article March 28, 2013, previously published on March 22, 2013 The Consumer Financial Protection Bureau (CFPB) issued an innocuously named bulletin, "Indirect Auto Lending and Compliance with the Equal Credit Opportunity Act," on March 21, 2013, that amounts to a manifesto to fundamentally reform the indirect auto lending market.
| | U.S. Supreme Court: Class Plaintiffs Cannot Stipulate to Lesser Damages to Avoid Federal Jurisdiction Under CAFA
David N. Anthony, Scott Kelly, Alan D. Wingfield; Troutman Sanders LLP;
Legal Alert/Article March 22, 2013, previously published on March 18, 2013 In Standard Fire Insurance Co. v. Knowles, the U.S. Supreme Court today resolved a circuit split on the issue of whether a named plaintiff in a putative class action can avoid federal jurisdiction under the Class Action Fairness Act of 2005 (CAFA) by stipulating to damages, on behalf of himself and...
|
|