The Fair Debt Collection Practices Act (“FDCPA”) is a significant piece of legislation. It has regulated “debt collectors,” as defined by statute, for over 40 years. Recently, the Consumer Financial Protection Bureau issued a new rule implementing the statute’s enforcement (for CPW’s prior coverage, check out here and here). Despite these significant developments, however,
In Reilly v. Vivint Solar, 2021 U.S. Dist. LEXIS 14088, the District of New Jersey tackled a gray area under the FCRA: what does it mean for a user of consumer credit information to have a “reasonable belief” that its actions are permissible?
The core of this case is whether the defendant and its
A recent, brief opinion provides us with an overview of the elements required to sustain claims under the Fair Credit Reporting Act (“FCRA”) and Fair Debt Collection Practices Act (“FDCPA”). Whether you are developing new expertise or honing your craft, this case provides a convenient review of the elements required for causes of action under
In case you missed it, below is a summary of recent posts from CPW. Please feel free to reach out if you are interested in additional information on any of the developments covered.
For data privacy litigations filed in state court, one strategic option that should be considered by defense counsel is whether the case can (and should) be removed to federal court. When a plaintiff asserts a claim under federal law, removal to federal court may be based on federal question jurisdiction. Straightforward, right?
Well, what about
As a litigator, there’s nothing more important than pleading your case – and a recent case from the Eastern District of Pennsylvania reminds us that in litigation, more often than not, there are no chances for do-overs.
In Kelly v. Realpage, Inc., No. 2:19-cv-01706-JDW, 2021 U.S. Dist. LEXIS 842 (E.D. Pa. Jan. 5, 2021),
The world of digital marketing has grown exponentially in the last two decades. In fact, it was estimated that in 2020, despite the global pandemic, approximately $332.84 billion will be spent on digital advertising worldwide.[1] Not surprisingly, sophisticated algorithms (such as real-time bidding and programmatic ad buying) have been built in recent years to
Back in August, CPW reported on a developing issue in the consumer privacy space – one of the “big three” consumer reporting agencies (“CRAs”) was sued for using “matching technology” against the “Specially Designated Nationals” list maintained by the U.S. Department of the Treasury’s Office of Foreign Assets Control, and similar “terrorist watch lists,” on
Earlier this fall, a federal court granted a trade association’s motion for a declaratory judgment against the Maine attorney general and the superintendent of Maine’s Bureau of Consumer Credit Protection. The litigation concerned amendments the Maine legislature enacted to the Maine Fair Credit Reporting Act. Consumer Data Indus. Ass’n v. Frey, 2020 U.S. Dist.
This week brought news of a Federal Trade Commission (“FTC”) complaint and proposed $4.25 million settlement with AppFolio, Inc. (“AppFolio”), a California-based company that provides “screening reports” to property management companies regarding potential tenants’ rental, credit, and criminal histories,. While the settlement bears a hefty price tag, it was Commissioner Rohit Chopra’s dissenting statement that