Consumer Financial Services Law Monitor - December in Review

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

Featured Posts / Client Alerts

Troutman Sanders’ Carol Stanton Named an ‘Unsung Legal Hero’ by Virginia Lawyers Weekly

Supreme Court Refuses to Apply Discovery Rule to the FDCPA’s One Year Statute of Limitations

Troutman Sanders Attorneys Publish Law360 Article, “Privacy Bill Is Not As Robust As Calif. Law”

PayPal Does Not Love the CFPB’s Prepaid Card Rule

A Lost Gamble on Enforcement of Electronic Terms and Conditions in a Browsewrap Agreement

Class Actions

Attempt to Certify Putative Class in FDCPA Action Fails as Insufficiently Numerous

Midnight Filers, Swim at Your Own Risk: Tenth Circuit Upholds District Court’s Denial of a Motion for Leave to File an Untimely Notice of Appeal That Was Submitted Minutes After 12 a.m. Deadline

Seventh Circuit Splits With Eleventh on CAFA Jurisdictional Discovery

Credit Reporting & Data Brokers

Court Holds It Was Accurate to Report Charged-Off Account With Monthly Payment Due

Court Rejects FDCPA Claim Based on Allegedly Inaccurate Credit Reporting

Debt Buyers & Collectors

Debt Collector Communication to CRA Not Actionable, but Proposed FDCPA Changes Could Break Precedent

Throwing Good Money After Bad: Third Circuit Affirms Fee Award Under the FDCPA

Bankruptcy Court Issues Civil Penalties Against Debtor’s Counsel for Failing to Disclose FDCPA Claims

Mortgage Lenders & Servicers

No Duty to Safeguard Property After Default

State Attorneys General, CFPB & FTC

Court Enters $3.15M Judgment Against Telemarketing Company in Suit Brought by FTC

CFPB Settles with Lender and Servicer of Travel Loans for Military Servicemembers

FTC Approves Settlement with Former Cambridge Analytica CEO and Application Developer Over Claims of Deceiving Consumers

Student Lending

New York Adopts Final Regulations for Student Loan Servicers

Massachusetts to Join Other States in Regulating Student Loan Servicers

Adding Collection Fee to Student Loan Debt Did Not Violate FDCPA


Court Adopts Broad Definition of Predictive Dialer and TCPA Liability in $190K Judgment Against Bank

Yet Another Court Weighs in on Constitutionality of the TCPA

Constitutional Challenges to TCPA: What’s Next

District of Arizona Rejects TCPA Plaintiff’s Attempt at Forum Shopping

Back to Fundamentals: Summary Judgment Granted on TCPA Claim Because Plaintiff Provided Phone Number Directly to Collector

Vicarious Liability TCPA Claim Dismissed for Lack of Specificity