August 19, 2020 2:00-3:00 P.M. (ET) Enforcement of the California Consumer Privacy Act (CCPA) began July 1, 2020. Our privacy team at Troutman Pepper has identified six areas of enforcement likely to catch the California Office of the Attorney General’s (OAG) attention, which arguably holds sole enforcement authority under the Act. This webinar will focus on those six areas of enforcement, namely (1) where is your “Do-Not-Sell” Button, (2) you appear to have treated CCPA…

Consumer Financial Services Law Monitor

Webinar: Privacy: The Current Status of the CCPA and Compliance Challenges

By Sadia Mirza, Daniel Waltz & Troy Jenkins

August 5, 2020

The novel coronavirus (“COVID-19”) has resulted in the California legislature rolling out several emergency initiatives to address the impact of the outbreak. Initiatives range from introducing measures to address key employment issues to financial packages that provide funding to increase hospital capacity and protect those most vulnerable to the disease. Given the immediate impact these initiatives will have on Californians today, the focus on these types of measures is understandable. Even businesses operating in today’s…

Consumer Financial Services Law Monitor

Middle District of Tennessee Finds Debt Not In Default When Placed, Grants Summary Judgment For Defendant

By Punit Marwaha & Ethan G. Ostroff

August 4, 2020

In a recent decision out of the Middle District of Tennessee, a medical provider’s third-party billing servicer did not qualify as a debt collector under the Fair Debt Collections Practices Act (“FDCPA”) because the debt was not in default when it was placed with the extended billing office. The issue on summary judgment was simple: whether the Defendant, NPAS, Inc. (“NPAS”) is a debt collector as defined by the FDCPA. The Court held that, as…

Consumer Financial Services Law Monitor

Troutman Pepper Expands Consumer Financial Services Practice in Charlotte

By Virginia Bell Flynn, Joshua Davey, Jason Evans, Bill Mayberry, Kiran Mehta, Amy Pritchard Williams, Andrew Atkins, Nathan Viebrock & Keaton Stoneking

August 4, 2020

Virginia Bell Flynn Relocates to Charlotte Office Continuing the expansion of our financial services litigation practice in Charlotte, we welcome Virginia Flynn, who joins 12 other litigators in our Charlotte office. view full announcement…

Consumer Financial Services Law Monitor

House Passes Bill Aimed at Amending the FCRA

By Mary Scruggs, David M. Gettings & David N. Anthony

August 4, 2020

On June 29, 2020, the United State House of Representatives passed the Protecting Your Credit Act of 2020, H.R. 5332. The purpose of the bill is to “ensure that consumer reporting agencies are providing fair and accurate information reporting in consumer reports” by amending certain provisions of the Fair Credit Reporting Act (“FCRA”). If the Protecting Your Credit Act of 2020 becomes law, it would amend the FCRA to add requirements for credit reporting agencies…

Consumer Financial Services Law Monitor

Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter

By Ethan G. Ostroff, Elizabeth Briones, Ronald I. Raether, Jr., Dan Stillman, Jed Komisin & Alan D. Wingfield

August 3, 2020

Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Pepper has developed a dedicated COVID-19 Resource Center to guide clients through this unprecedented global health challenge. We regularly update this site with COVID-19 news and developments, recommendations from leading health organizations, and tools that businesses can use free of charge. To help you keep abreast of relevant activities, below is a breakdown of some of the…

Consumer Financial Services Law Monitor

California Consumer Privacy Act Enforcement Series: Businesses Collecting Children’s Personal Information and Health-Related Data

By Ashley L. Taylor, Jr., Sharon Klein, Ronald I. Raether, Jr., Alex Nisenbaum, Lauren Geiser & Edgar Vargas

August 3, 2020

Enforcement of the California Consumer Privacy Act (CCPA) began July 1, 2020. Our privacy team at Troutman Pepper includes several attorneys who worked in an attorney general’s office. This privacy regulatory team has identified six areas of enforcement likely to catch the California Office of the Attorney General’s (OAG) attention, which arguably holds sole regulatory enforcement authority under the Act. This six-part series will focus on those areas of the law. Building on the experience…

Consumer Financial Services Law Monitor

Collection Letter Showing a Zero Balance for Interest and Fees Did Not Violate the FDCPA

By Mark Kundmueller & Cindy D. Hanson

July 31, 2020

The Middle District of Pennsylvania recently held that including line items for interest and fees in a debt collection letter when no interest or fees are sought does not violate the Fair Debt Collections Practices Act (“FDCPA”). In Reyes v. Associated Credit Servs., No. 1:19-CV-01670 (M.D. Pa. July 6, 2020), the plaintiff received a letter from the defendant debt collection company, Associated Credit Services, Inc. (“ACS”), seeking to collect a consumer debt. In addition…

Consumer Financial Services Law Monitor

State Attorneys General File Suit Against U.S. Department of Education

By Ben Bollinger & Ethan G. Ostroff

July 31, 2020

Earlier this month, California Attorney General Xavier Becerra and Massachusetts Attorney General Maura Healey led a group of twenty-three attorneys general in a lawsuit against the U.S. Department of Education (the “Department”) and Secretary of Education Betsy DeVos (the “Secretary”). According to a news release from the California Attorney General’s Office, the lawsuit, filed in the Northern District of California, alleges the Department unlawfully repealed and replaced the 2016 “borrower defense” regulations promulgated by the…

Consumer Financial Services Law Monitor

Senate Passes Bill Shielding COVID-19 Relief Payments from Private Debt Collectors

By Sam Hyams & Ronald I. Raether, Jr.

July 29, 2020

On July 23, 2020, the Senate unanimously passed S. 3841. This bill protects stimulus funds provided under the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) from being garnished by private debt collectors. This protection is similar to how Social Security payments are barred from garnishment. S. 3841 was first introduced by a bipartisan group of Senators – Chuck Grassley (R-IA), Sherrod Brown (D-OH), Ron Wyden (D-OR), and Tim Scott (R-SC). Congress passed the…

Consumer Financial Services Law Monitor

Monitoring the financial services industry to help companies navigate through regulatory compliance, enforcement, and litigation issues

Blog Authors

Complimentary Webinar Invitation: Strategies to Prepare for Six Potential Target Areas of CCPA Enforcement by the CA Attorney General

Webinar: Privacy: The Current Status of the CCPA and Compliance Challenges

Middle District of Tennessee Finds Debt Not In Default When Placed, Grants Summary Judgment For Defendant

Troutman Pepper Expands Consumer Financial Services Practice in Charlotte

House Passes Bill Aimed at Amending the FCRA

Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter

California Consumer Privacy Act Enforcement Series: Businesses Collecting Children’s Personal Information and Health-Related Data

Collection Letter Showing a Zero Balance for Interest and Fees Did Not Violate the FDCPA

State Attorneys General File Suit Against U.S. Department of Education

Senate Passes Bill Shielding COVID-19 Relief Payments from Private Debt Collectors

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