A recent case from the Northern District of California, Alvarado v Lowe’s Home Centers, LLC, 2018 WL 6697181 (N.D. CA. Dec. 20, 2018), highlights the importance of drafting employment arbitration agreement language to specifically include FCRA claims. In Alvarado, the Plaintiff was employed by the Defendant between June 2015 […]
Sterling counsels financial services clients through heavily regulated financial services and consumer finance sectors. He earned his stripes by being a compass for clients coming out of the 2008 financial crisis and while serving as Vice President, Counsel, and Chief Compliance Officer to Advance American Cash Advance Centers, Inc., the largest provider of non-bank cash advance services in the United States.
Sterling’s previous in-house experience is valuable to clients and as a Partner in Womble Bond Dickinson’s Business Litigation Practice Group and as a member of Financial Services Litigation Team and Consumer Finance Litigation Team. He represents public and private companies and financial institutions on class actions and dispute resolution alternatives such as loan modifications, forbearance agreements, and other loan workouts. Sterling also counsels financial industry clients regarding regulatory compliance, consumer credit issues, commercial real estate transactions and disputes, complex business litigation, and general corporate matters.
As a member of the Financial Services Litigation Team, Sterling represents domestic banks and servicers in commercial loan workout and foreclosure work as well as consumer finance litigation.
Last Thursday, the Bureau of Consumer Financial Protection (the “Bureau”) announced a settlement with State Farm Bank, FSB (“State Farm”) regarding alleged violations of the FCRA as well as the Consumer Financial Protection Act of 2010. In the Consent Order, available here, the Bureau indicated that it found that […]
Can an outside investigation constitute a “consumer report” under FCRA? The Seventh Circuit appears skeptical
The Seventh Circuit Court of Appeals, in the case of Rivera v Allstate Ins. Co., 907 F.3d 1031 (7th Cir. 2018), recently wrestled with a novel question under the FCRA – whether an investigation conducted by third party into employee misconduct could be considered a consumer report under […]
As basketball season arrives, the United States District Court for the Eastern District of Kentucky reminded us that there is no such thing as a slam dunk when it comes to damages awarded pursuant to a violation of the FCRA. In the case of Shockley v. Portfolio Recovery […]
Consumers are filing more FCRA related complaints than they did last year. Last week, the Association of Credit and Collection, Oregon, issued a news release citing a WebRecon report which indicated that consumer complaints rose in August, 2018 for several categories, including the FCRA. According to the report, […]