On January 10, 2018, the U.S. District Court for the Eastern District of Virginia denied Plaintiff Tiffanie Branch’s renewed motion for class certification in Branch v. Government Employees Insurance Company, No....more
3/16/2018
/ Article III ,
Class Certification ,
Criminal Background Checks ,
Fair Credit Reporting Act (FCRA) ,
FRCP 23(b)(3) ,
GEICO ,
Hiring & Firing ,
Predominance Requirement ,
Putative Class Actions ,
Regulatory Violations ,
Standing
Since its enactment a decade ago, the Illinois Biometric Information Privacy Act (BIPA) has seen a recent spike in attention from employees and consumers alike. This is due, in large part, to the technological advancements...more
2/13/2018
/ Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Data Privacy ,
Data Security ,
Employer Liability Issues ,
Employment Litigation ,
Facial Recognition Technology ,
Google ,
Personal Data ,
Personally Identifiable Information ,
Prior Express Consent ,
Risk Management
Seyfarth Synopsis: One court upholds protection of Dodd-Frank limiting the President’s removal authority, while another court stifles a challenge against Mulvaney serving as acting Director of CFPB....more
2/7/2018
/ Administrative Agencies ,
Administrative Appointments ,
Article III ,
Banking Sector ,
Class Action ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
Independent Directors ,
PHH Corp. v CFPB ,
Popular ,
Presidential Appointments ,
Removal For-Cause ,
Standing ,
Trump Administration
On January 23, 2018, the Consumer Financial Protection Bureau’s (“CFPB”) Acting Director, Mick Mulvaney, issued a mission statement to the CFPB redirecting the agency’s mission and focus. Mulvaney emphasized that the law...more
1/29/2018
/ Banking Sector ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Deregulation ,
Enforcement Actions ,
Financial Institutions ,
Financial Regulatory Reform ,
Financial Services Industry ,
Mission Statement ,
Regulatory Agencies
Seyfarth Synopsis: A federal judge on Wednesday denied a request to remove Mick Mulvaney as the CFPB’s acting director, finding that the President has authority to appoint the acting director despite former CFPB Director...more
1/17/2018
/ Administrative Agencies ,
Administrative Appointments ,
Appeals ,
Banking Sector ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
Federal Vacancies Reform Act ,
Notice of Appeal ,
Preliminary Injunctions ,
Presidential Appointments ,
Trump Administration
Seyfarth Synopsis: The People’s Republic of China is making progress in implementing its mandatory “social credit system.” Multinational businesses in China should be watchful of this system, and ready for it when it rolls...more
Seyfarth Synopsis: Pursuant to the the Congressional Review Act, President Trump officially repealed the CFPB Arbitration Rule.
As expected, President Trump signed the resolution to repeal the arbitration rule proposed...more
11/6/2017
/ Arbitration ,
Arbitration Agreements ,
Banking Sector ,
Class Action ,
Class Action Arbitration Waivers ,
Congressional Review Act ,
Consumer Contracts ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Dodd-Frank ,
Financial Services Industry ,
Trump Administration
Seyfarth Synopsis: Financial institutions can maintain the status quo of their pre-dispute resolution clauses in consumer contracts because Senate voted against CFPB’s proposed arbitration rule....more
10/27/2017
/ Arbitration ,
Arbitration Agreements ,
Banking Sector ,
Class Action ,
Class Action Arbitration Waivers ,
Congressional Review Act ,
Consumer Contracts ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Dodd-Frank ,
Financial Services Industry
Seyfarth Synopsis: In Spokeo, Inc. v. Robins, the U.S. Supreme Court held that a plaintiff must have a concrete injury to sue for FCRA violations. Following Spokeo’s remand, courts have held that consumers have standing to...more
10/24/2017
/ Article III ,
Background Checks ,
Class Action ,
Employer Liability Issues ,
Employment Litigation ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Injury-in-Fact ,
SCOTUS ,
Screening Procedures ,
Spokeo v Robins ,
Standing
Seyfarth Synopsis: The Consumer Financial Protection Bureau issued a final rule that exposes financial services companies to increased litigation by banning the use of arbitration agreements to block consumer class actions. ...more
7/18/2017
/ Arbitration ,
Arbitration Agreements ,
Banking Sector ,
Class Action ,
Class Action Arbitration Waivers ,
Congressional Review Act ,
Consumer Contracts ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Dodd-Frank ,
Financial Services Industry
Seyfarth Synopsis: Background screening companies that provide background checks to online child care job posting services in California may face increased civil liability as they seek to comply with new Assembly Bill No....more
Seyfarth Synopsis: The New York Court of Appeals’ ruling on questions regarding the use of criminal convictions in hiring will impact employers and may impact the background screening industry, the temporary staffing...more
1/10/2017
/ Aiding and Abetting ,
Appeals ,
Corporate Counsel ,
Criminal Background Checks ,
Criminal Convictions ,
Hiring & Firing ,
Human Rights ,
Moving Companies ,
NYHRL ,
Sex Offenders ,
Staffing Agencies
In a case that could change how wage and hour class and collective actions are litigated, Tyson Foods, Inc. recently filed its opening Supreme Court brief. Tyson seeks reversal of a $5.8 million judgment in favor of meat...more
8/25/2015
/ Class Action ,
Doffing ,
Donning ,
Due Process ,
Dukes v Wal-Mart ,
Fair Labor Standards Act (FLSA) ,
FRCP 23(b)(3) ,
Popular ,
Rules Enabling Act ,
Safety Equipment ,
SCOTUS ,
Trial-by-Formula ,
Tyson Foods ,
Tyson Foods v Bouaphakeo ,
Unpaid Overtime ,
Wage and Hour ,
Wal-Mart
On Friday, July 10, 2015, the Federal Communications Commission (FCC) issued an omnibus, Declaratory Ruling and Order (FCC Ruling) seeking to clarify certain ambiguities in the Telephone Consumer Protection Act (TCPA). The...more
7/16/2015
/ Auto-Dialed Calls ,
Class Certification ,
Corporate Counsel ,
Declaratory Rulings ,
FCC ,
Mobile Apps ,
Prior Express Consent ,
Revocation ,
Robocalling ,
TCPA ,
Text Messages ,
Third-Party ,
Totality of Circumstances Test
The U.S. Supreme Court agreed yesterday to hear an appeal challenging a nearly $6.0 million judgment in a collective and class action case against Tyson Foods, Inc. In Tyson Foods, Inc. v. Bouaphakeo, a wage and hour...more
6/11/2015
/ Actual Injuries ,
Appeals ,
Class Action ,
Class Certification ,
Collective Actions ,
Damages ,
Doffing ,
Donning ,
Fair Labor Standards Act (FLSA) ,
FRCP 23 ,
FRCP 23(b)(3) ,
Off-The-Clock ,
SCOTUS ,
Trial-by-Formula ,
Tyson Foods ,
Tyson Foods v Bouaphakeo ,
Wage and Hour
Today, the U.S. Supreme Court agreed to hear an appeal challenging an almost $6 million judgment awarded in a class action case against Tyson Foods, Inc. See Bouaphakeo, et al. v. Tyson Foods, Inc., No, 12-3753 (8th Cir....more