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Employer Violated FCRA With Improper Background Check Notice

By Tony Oncidi
March 19, 2019

Gilberg v. California Check Cashing Stores, LLC, 913 F.3d 1169 (9th Cir. 2019)

While applying for employment with CheckSmart Financial, LLC, Desiree Gilberg signed a “Disclosure Regarding Background Investigation,” which resulted in Gilberg’s filing a putative class action against…

Consumer Finance Monitor

CFPB denies payday lender’s petition to modify or set aside CID

By Jeremy T. Rosenblum
January 27, 2014

The CFPB has issued an order denying the petition filed by CheckSmart Financial Company in September 2013 to modify or set aside a civil investigative demand (CID) it received from the CFPB. 

As we previously reported, the petition stated…

Federal Judge: Companies Must Document Consent to Avoid TCPA Claims

By Inside Privacy
January 10, 2014

A recent federal court opinion demonstrates the need for companies to retain appropriate documentation to avoid liability under the Telephone Consumer Protection Act (TCPA) when they transmit messages to mobile phones using autodialers or prerecorded messages.
Last September, Alfredia Glenn…

Consumer Finance Monitor

Payday lender files petition to modify or set aside CID

By Jeremy T. Rosenblum
December 6, 2013

The CFPB recently posted to its website a petition filed by CheckSmart Financial Company to modify or set aside a civil investigative demand it received from the Bureau.

According to the petition, the CID was issued in connection with a…

CAFA Law Blog

Affidavits Are Insufficient To Meet CAFA’s Legal Certainty Standard

By McGlinchey Stafford
September 16, 2010

Jayme v. Checksmart Financial, LLC, No. 2:10-CV-01174-GEB, 2010 WL 2900333 (E.D. Cal. July 22, 2010).

Because the defendant failed to establish the amount in controversy to meet the CAFA jurisdiction, a District Court in California remanded the action to…

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