Troutman Sanders LLP

In a recent decision, the United States District Court for the Northern District of Illinois granted a debt collector’s motion to dismiss a debtor’s breach of contract claim in a putative class action, leaving for adjudication the debtor’s claims under the Fair Debt Collection Practices Act (“FDCPA”).  The case is Burdette-Miller v. Williams & Fudge, Inc., No. 1:18-cv-02187 (N.D. Ill. Jan. 15, 2019).  The plaintiff, Crystal Burdette-Miller, is a former student of Lewis University,…
On January 18, 2019, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) denied a petition by the State of North Carolina to review two FERC orders involving the relicensing of the Yadkin River Hydroelectric Project (“Yadkin Project”) in North Carolina.  The D.C. Circuit found substantial evidence supporting FERC’s decision to deny North Carolina’s allegations of misrepresentation by Alcoa Power Generating, Inc. (“Alcoa”), the license applicant, and to grant a…
A new Third Circuit decision applied existing law in a straightforward way to require a disgruntled customer of a for-profit university to arbitrate claims, providing another illustration of an effective way to obtain valid agreements, including arbitration agreements, electronically. On January 10, the Third Circuit upheld the district court’s decision in Dicent v. Kaplan University.  In the district court, Dicent filed a complaint, making a variety of allegations against Kaplan University, including that the school…
The federal Pipeline Safety Act (PSA or the Act) mandates minimum safety standards for pipelines and certain associated storage and facilities (including LNG and other terminals). Congress should take up legislation to reauthorize the Act this year. Since the last reauthorization in 2016, there have been several noteworthy developments that have affected the industry, the relevant politics and the public. These include a new Administration, new leadership in relevant administrative agencies (e.g., DOT, PHMSA, FERC),…
We are pleased to announce that Troutman Sanders attorneys Jonathan Floyd and Ethan Ostroff will be presenting during the Receivables Management Association International 22nd Annual Conference at the Aria Resort & Casino in Las Vegas, Nevada. Jonathan will be on a panel speaking on, “Time- Barred Debt Collection – Compliance Strategies by Circuit,” on February 6 at 10:30 am. Ethan will be on a panel speaking on, “Furnisher Duties under the FCRA/FCRA Compliance for Furnishers,”…
As we covered last year, the United States Supreme Court held in Epic Systems Corp. v. Lewis that employment contracts can legally bar employees from collective arbitration (and require instead individualized proceedings). The Supreme Court found that a provision forbidding collective arbitration violated neither the Federal Arbitration Act nor the National Labor Relations Act. This decision was a win for employers, as it continued the Supreme Court’s recent trend of enforcing agreements to arbitrate and…
The Troutman Sanders tobacco team will attend the Tobacco Plus Expo trade show on February 11-13.  The trade show features a number of education sessions addressing regulatory topics and other areas of interest to the tobacco industry.  Bryan Haynes will participate in a February 12 panel discussion entitled “How Innovation is Changing the Vape Category.”  We look forward to seeing our clients and friends at the show.  …
As the partial shutdown of the U.S. government reaches a month (the longest in U.S. history), and thousands of federal workers furloughed or working without pay, regulated industry and stakeholders are asking: How long will the shutdown continue? And, what is the impact of the shutdown on federal agencies and regulatory matters? In addressing the first question, there does not appear to be an immediate end in sight as President Trump’s standoff with Congress over…
In a recent opinion, the U.S. Court of Appeals for the Fifth Circuit recently confirmed that an original mortgage lender cannot be held vicariously liable for violations of the Real Estate Settlement Procedures Act (“RESPA”) regulations pertaining to loss mitigation allegedly committed by a loan servicer. In defense to a Texas judicial foreclosure action, the mortgagor filed a third–party complaint against the lender that had originated her mortgage loan. The mortgagor asserted violations arising from…
In Thompson-Harbach v. USAA Fed. Sav. Bank, No. 15-cv-2098-CJW-KEM, 2019 U.S. Dist. LEXIS 3687 (N.D. Iowa Jan. 9, 2019), the Northern District of Iowa provided a deep dive into recent Telephone Consumer Protection Act case law and a retrospective look into Federal Communications Commission TCPA pronouncements.  After its informative analysis, the Court held that ACA Int’l v. FCC, 885 F.3d 687 (D.C. Cir. 2018), invalidated not only the FCC’s 2015 Declaratory Ruling but also…