Senators Elizabeth Warren (D-Mass.) and James Lankford (R-Okla.) recently introduced a bipartisan bill to increase transparency in federal agency settlements. The Truth in Settlements Act of 2017, S. 1145 would require online posting of every federal agency settlement, information about the parties and settlement terms, and the amount of the penalty or payment that is tax deductible. […]
Just months after withdrawing her name as a candidate for the open Democratic seat on the Federal Communications Commission (FCC), President Donald Trump announced Tuesday his intent to nominate Jessica Rosenworcel to serve on the Commission. Led by Republican Chairman Ajit Pai, the FCC currently has a 2-1 Republican majority, with other seats filled by […]
In a landmark ruling resolving one of the most controversial circuit splits in the country, the Supreme Court on Monday ruled that a debt buyer is not a debt collector under the Fair Debt Collection Practices Act (“FDCPA”). Writing for a unanimous court, newly-seated Justice Gorsuch explained in Henson v. Santander Consumer USA Inc. that […]
On May 15th, the United States Supreme Court issued an opinion in Midland Funding, LLC v. Johnson holding that the filing of a proof of claim in a bankruptcy for a time barred debt does not constitute a violation of the Fair Debt Collection Practices Act (“FDCPA”). The Court reasoned that holding otherwise was not […]
The California Supreme Court recently issued a ground-breaking decision in McGill v. Citibank establishing that consumer arbitration agreements cannot waive the right to public injunctive relief. The court determined that it is against public policy to require consumers to waive their right to injunctions prohibiting anti-consumer behavior. Such waivers are now unenforceable under California law. […]
President Trump signed S.J.Res. 34 on Monday, undoing the Federal Communications Commission’s (“FCC”) new privacy restrictions for internet service providers (“ISPs”). Now commonly dubbed the ‘Broadband Privacy Rules,’ the FCC had first voted in favor of the ruling on October 27, 2016. A full copy of that FCC ruling is available here. The Broadband Privacy […]
The Federal Communications Commission (“FCC”) proposed new rules on Thursday, March 23, that would codify its “Do-Not-Originate” initiative. The Commission’s Robocall Strike Force, a joint FCC and business committee tasked with solving issues arising from illegal robocalls, was credited for its role in formulating the rules. Illegal robocalls are the number one complaint received by […]
The Consumer Financial Protection Bureau welcomed 2017 with a flurry of activity. In just two short months, the Bureau filed five complaints and entered into numerous consent orders with businesses across the country. Its actions spanned the consumer financial service spectrum including credit issuers, credit reporting agencies, student loan servicers, pawn brokers and debt collectors. […]
The industry led Soundboard Association (“SBA”) sought a preliminary injunction to stop the May 12, 2017 implementation of the Federal Trade Commission (“FTC”) staff opinion letter (“Letter”). The Letter announced that the Telemarketing Sales Rule’s prohibition on prerecorded messages (FTC termed “robocalls”) will be expanded to apply for the first time to telemarketing calls that […]
In January 2017, Commissioner Maureen Ohlhausen was designated Acting Chair of the Federal Trade Commission. Ohlhausen, who has served on the Commission since 2012, has vowed to protect consumers from fraud, deception, and unfair practices while exercising what she calls “regulatory humility.” In at least one recent statement, Ohlhausen has spoken out against unnecessary regulations […]
