Latest Articles

On January 30, 2017, in Van Patten v. Vertical Fitness Group, No. 14-55980, the Ninth Circuit Court of Appeals found that a Telephone Consumer Protection Act (TCPA) plaintiff had sufficiently alleged an Article III injury-in-fact, under the United States Supreme Court’s Spokeo, Inc. v. Robins decision.  The Ninth Circuit ultimately affirmed summary judgment in favor of the defendants, holding that the plaintiff had consented to receiving text messages from a gym by providing his phone…
Today the Supreme Court issued its highly anticipated decision in Spokeo, Inc. v. Robins. The decision takes on a hot topic in consumer class action law today—what must a plaintiff plead and prove to have standing to sue for a violation of a federal statute? The Court held that an allegation of a statutory violation, without some showing of concrete harm, is not enough. Instead, in this Fair Credit Reporting Act case, the issue is…
On April 28, 2016, the CFPB released its “Payback Playbook” initiative proposal, which concerns loan servicers laying out student loan repayment options in communications with borrowers in order to “reduce defaults, improve borrower outcomes, and spur innovation.”  The Bureau is requesting comments in response to its proposed templates (or “Payback Playbooks”), which would require, inter alia, that communications with borrowers include information about alternative repayment options, such as “Pay As You Earn” (PAYE)…
The CFPB released a report entitled “Online Payday Loan Payments” (“Report”) on April 20, 2016. The Report examined short-term, small-dollar loans (i.e., payday loans) originated by online lenders during an 18-month period in 2011 and 2012. The CFPB examined the costs that may be incurred in connection with online short-term loans due to overdraft or bank fees charged when borrowers have insufficient funds in their bank accounts. The Report was released in advance…
On December 7, 2015, the CFPB announced another consent order going after a firm for alleged violations the Consumer Financial Protection Act, FCRA, and FDCPA. The CFPB alleges that Massachusetts debt collection firm Collecto, Inc. (dba EOS) paid a cell phone provider over $35 million for a portfolio of more than three million cellphone accounts, with a $2.3 billion total face value.  Despite learning of significant problems with the portfolio, including that it contained fraudulent,…
The CFPB has released its first in a series of new monthly reports on consumer complaints. The CFPB says that the purpose of these reports is to identify trends with respect to volume, product type, and geographic region. Each report will also highlight a particular product and geographic location. This month focuses on debt collection and consumers in Milwaukee, Wisconsin. The Bureau reported that in June 2015, debt collection was the most frequently complained about…
On December 11, 2014, the Consumer Financial Protection Bureau (CFPB) announced a major change related to its monitoring of furnishers involved in credit reporting. The CFPB introduced a new requirement that “major credit reporting companies,” as part of ongoing examinations, must now provide regular reports concerning the accuracy of the furnishers providing them with consumer data. This new procedure reflects an update to the CFPB’s 2012 Procedures for Examinations of Consumer Reporting Agencies. As CFPB…