Consumer Financial Services Law Monitor - August in Review

We have posted several new topics to the Consumer Financial Services Law Monitor blog throughout the month of August. To read further, click on the titles below:

Featured Posts / Client Alerts

Join Us on September 8-10th for the 2019 NAPBS Annual Conference

Troutman Sanders Attorneys Publish Law360 Piece on Dissecting The Inherent Tension In Today’s TCPA Landscape

Internet Presence Creates Exposure For Discrimination Claims Under California Law

Background Screening

Another Court Rules Independent Contractor Not an Employee Under FCRA

New Jersey Appellate Panel Affirms $40M Jury Verdict Against Background Check Company

Class Actions

Ninth Circuit Reverses Class Certification in Unlawful Telephone Recording Case

CVS Settles Nationwide TCPA Class Action Relating to Flu Shot Calls for $15M

Cyber Security, Information Governance & Privacy

Ninth Circuit Affirms That a Driver’s License is not a “Motor Vehicle Record” Under the DPPA

Update: The Illinois Artificial Intelligence Video Interview Act

FTC Settles Charges Against Background Screening Company for Falsely Claiming Compliance with EU-U.S. Privacy Shield Framework

Debt Buyers & Collectors

Third Circuit Upholds Ruling Barring Third-Party Collection Agency from Invoking Creditor’s Arbitration Agreement

New York Court Allows Another “Amount of Debt” Lawsuit to Go Forward

Judge Grants Motion to Dismiss in FDCPA Case Over Letter Sent to Attorney

Third Circuit Holds Displaying Scannable QR Code on Envelopes Violates FDCPA

State Attorneys General, CFPB & FTC

CFPB Extends Comment Period for FDCPA Rulemaking Until September 18

Lenders Anonymous: CFPB Signals Intent to Wean Mortgage Industry Off QM Patch

The Next Step in Eliminating Robocalls: State Attorneys General and Large Telecom Companies Make Pact to Crack Down on Robocalls

Veterans Will Receive Relief Under CFPB Settlement

Student Lending

New York Department of Financial Services Issues Proposed Student Loan Servicer Regulations

U.S. Government Wins Lawsuit Against Student Loan Collection Companies, Paving Way for Big Changes to Federal Student Loan Servicing Industry

Congress Urged to Regulate Income Share Agreements


Florida District Court Rejects Consumer’s TCPA Claims Because Contractual Consent to Call Cannot be Unilaterally Revoked

Another District Court Rejects Marks and Requires Random or Sequential Number Generation

California Judge Won’t Stay Case to Allow Time for Parties to Wait for Ruling by FCC on What an “Autodialer” Is

Judge Rules Predictive Dialers Are Not Always ATDSs

Judge Finds Pressing “1” Does Not Convert Pre-Recorded Message into an Incoming Call

Automated Calls Warning About Salmonella Constitute Emergency Calls Under TCPA