On January 19, 2023, the U.S. Court of Appeals for the Third Circuit unanimously affirmed a district court’s dismissal of a Telephone Consumer Protection Act claim arising from allegedly illegal faxes about a free educational seminar.

Appellee Millennium Health LLC operated a laboratory providing drug testing and medication monitoring services to healthcare professionals, including Appellant Dr.… Continue Reading

The New York Department of Financial Services (DFS) recently issued proposed guidance (Guidance) related to climate change that applies to New York State-regulated banking organizations, New York State-licensed branches and agencies of foreign banking organizations, and New York State-regulated mortgage bankers and servicers.  The Guidance is intended to address “material financial risks related to climate change” faced by covered entities in the context of “risk assessment, risk management, and risk appetite setting.”  … Continue Reading

On December 1, 2022, nationwide used car dealer CarMax Auto Superstores, Inc. (“CarMax”) and 36 state attorneys general announced a $1 million multistate settlement that will require CarMax to disclose open recalls related to the safety of its used vehicles before consumers purchase them.  The settlement resolves an investigation into CarMax’s advertising and sales practices related to vehicle recalls since 2014. … Continue Reading

On November 3, 2022, Pennsylvania Attorney General (and Governor-Elect) Josh Shapiro announced that his office had filed a lawsuit in the U.S. District Court for the Western District of Pennsylvania against New York-based Fluent, Inc.—a lead generator that connects companies to potential new customers through the consumers’ harvested personal data—and its subsidiaries for their role in allegedly assisting and facilitating the making of hundreds of thousands of unwanted telemarketing calls to Pennsylvania consumers. … Continue Reading

On July 28, the Center for Responsible Lender (CRL) issued a new report regarding the “persistent harms of high-cost installment loans,” claiming that such loans come with an “exploitative cost” in fees and interest that far exceed that amount borrowed, often causing irreparable harm to borrowers.  CRL notes that the high-cost small-dollar loan market has recently seen the rise of high-cost installment loans with atypically longer terms, usually over a period of several months, in contrast to traditional payday loans, which are typically due in a lump sum within fourteen days. … Continue Reading

On July 28, the U.S. House Committee on Financial Services passed H.R. 4277, the Overdraft Protection Act.  Introduced by Congresswoman Carolyn B. Maloney (D-NY), the bill would prohibit financial institutions from engaging in unfair or deceptive acts or practices in connection with overdraft coverage.

Specifically, the bill would require financial institutions that offer overdraft coverage for accounts to disclose: (i) the specific amount of overdraft coverage fees; (ii) that the consumer’s transaction may be declined if there are insufficient funds in the account; and (iii) that the consumer will not be charged a fee if the transaction is declined. … Continue Reading

In a rare development, a California state court of appeals has opined on the requirements for obtaining authorization for background checks pursuant to the Fair Credit Reporting Act.

In Hebert v. Barnes & Noble, Inc., the plaintiff filed a putative class action against retailer Barnes & Noble, contending it willfully violated the FCRA by providing job applicants with a disclosure that included extraneous language unrelated to the topic of consumer reports. … Continue Reading

On April 15, 2022, the U.S. Department of Justice filed a lawsuit against Steve’s Towing, Inc., located in Virginia Beach, Virginia, pursuant to the Servicemembers Civil Relief Act (“SCRA”), 50 U.S.C. §§ 3901-4043, for alleged violations of the SCRA’s prohibition against enforcing a storage lien on a servicemember’s vehicle during, or within ninety days after, a period of military service without a court order. … Continue Reading

A recent settlement between the U.S. Department of Justice and a media conglomerate underscores the importance of implementing robust Telephone Consumer Protection Act compliance measures, including for third-party vendors.  In 2017, a jury found DISH Network LLC liable for its vendors’ violations of the Telemarketing Sales Rule and the Telephone Consumer Protection Act, as well as several state statutes. … Continue Reading