The Federal Trade Commission recently amended the Safeguards Rule, 16 C.F.R. § 314.1, et seq., with significant changes to how an information security program should be designed, what it must include, and who needs to be in charge.
The U.S. Court of Appeals for the Ninth Circuit recently affirmed a trial court's grant of summary judgment in favor of a credit reporting agency, holding that the plaintiff consumer failed to present sufficient evidence that the agency violated the federal Fair Credit Reporting Act willfully or negligently, as required for liability.
The U.S. Court of Appeals for the Eighth Circuit recently reversed a trial court’s judgment in favor of a consumer for claims of alleged violation of the federal Fair Debt Collection Practices Act, finding that the consumer lacked Article III standing to bring his claim in federal court as the consumer failed to allege or later show a concrete injury in fact.
The U.S. Court of Appeals for the Third Circuit recently reversed a trial court's ruling that the Pennsylvania Department of Banking and Securities violated the Commerce Clause by issuing and attempting to enforce a subpoena to an out-of-state vehicle title lender regarding the out-of-state lender's interactions with Pennsylvania residents.
The Court of Appeals of the State of California, Second Appellate District, recently affirmed a trial court’s denial of a judgment creditor’s application for sale of the debtor’s dwelling to satisfy the creditor’s money judgment, finding the application was deficient.
The Court of Appeals of the State of California, Second Appellate District, recently affirmed a trial court’s judgment holding that the limitation on recovery under the Federal Trade Commission’s “holder rule” does not preclude recovery of attorney fees, costs, nonstatutory costs, or prejudgment interest against the assignee.
The U.S. District Court for the Eastern District of Pennsylvania on Feb. 7 handed down a decision finding that the mere use of a letter vendor is sufficient to allege a violation of 15 U.S.C. § 1692c(b) of the Fair Debt Collection Practices Act by transmitting information to the letter vendor.
In response to certified questions from the U.S. Court of Appeals for the Ninth Circuit, the Nevada Supreme Court recently held that: (1) an action seeking to determine the validity of a homeowners association lien under NRS 40.010 is subject to NRS 11.220’s four-year statute of limitations;
The U.S. Court of Appeals for the Fifth Circuit recently vacated and remanded a lower court’s award of over $4 million in attorney’s fees in connection with a class action settlement.
The Court of Appeal of the State of California, First Appellate District, recently affirmed a trial court's order enjoining a bail bonds company from enforcing bail bond premium financing agreements on a classwide basis on the ground that the statutory notice pursuant to California Civil Code section 1799.91 had not been provided.
The Consumer Financial Protection Bureau increased the maximum civil penalty it can impose within its jurisdiction after Jan. 15, 2022. The increases are mandated by federal law, which requires agencies to adjust for inflation each civil monetary penalty within an agency’s jurisdiction by Jan. 15, 2022.
Federal courts have recently dismissed a number of cases brought by consumers alleging violations of consumer protection law because they lack “standing.” The trend has been hastened by the U.S. Supreme Court’s decision last year in TransUnion LLC v. Ramirez, a case involving the federal Fair Credit Reporting Act.