Lexology

DC Federal Court Dismisses FACTA Class Action on Standing Grounds

USA - August 8 2018 On August 3, the U.S. District Court for the District of Columbia dismissed a putative class action brought under the Fair and Accurate Credit…

U.S. Supreme Court to Decide Whether FDCPA Applies to Non-Judicial Foreclosures

USA - August 7 2018 Currently, some courts allow borrowers to bring Fair Debt Collection Practices Act claims for non-judicial foreclosures while other courts do not, but…

Reporting Outstanding Balance or Past Due Payments of Account Included in Ch. 13 Bankruptcy Plan Does Not Violate FCRA

USA - July 31 2018 The Southern District of West Virginia recently held that the reporting of an account being paid through a Chapter 13 bankruptcy plan as having an…

Playing a Losing Hand: District Court Dismisses FCRA Disclosure Claim Against Casino in Absence of Concrete Injury

USA - July 31 2018 Under the Fair Credit Reporting Act, a potential employer generally may not procure a consumer report on an applicant unless the employer provides a…

FCRA Class Action Dismissed by Missouri Court of Appeals for Lack of Standing

USA - July 25 2018 On July 17, the Missouri Court of Appeals affirmed a ruling of the Cole County Circuit Court dismissing a putative class action under the Fair Credit…

CFPB Nominee Sparks Debate Over Future of Agency

USA - July 23 2018 On July 19, the Trump Administration’s nominee for director of the Consumer Financial Protection Bureau, Kathy Kraninger, faced harsh scrutiny from…

Exactis Data Leak to Affect Millions of Americans

USA - July 23 2018 In June 2018, Wired reported that Exactis, a marketing and data-aggregation firm, leaked an estimated 340 million records in what is shaping up to be…

FTC Conducts First Compliance Sweep Since Amendment to Used Car Rule

USA - July 17 2018 The Federal Trade Commission announced in mid-July that it conducted the first compliance sweep of car dealerships since the effective date of its…

Changes Ahead for Marijuana Banking? STATES Act Proposed in Congress.

USA - July 17 2018 The subject of marijuana and banking has garnered more and more attention as an increasing number of States decriminalize or legalize its use…

Enforceability of Long-Term Leases Under Statute of Conveyances

USA - July 11 2018 A recent Virginia Supreme Court decision, The Game Place, L.L.C. v. Fredericksburg 35, LLC, 813 S.E.2d 312 (Va. 2018), highlights the long-standing…