On February 7, the Seventh Circuit Court of Appeals ruled in favor of the accounts receivable management industry, finding that a debt collector did not misrepresent the “character” of debt by reporting unpaid medical bills owed to a single provider separately rather than in the aggregate.
On January 31, 2019, Senator Mike Azinger introduced Senate Bill 495 to the West Virginia Legislature (referred to the Judiciary Committee). The Bill proposes amendments to the West Virginia Consumer Credit and Protection Act (“WVCCPA”), W. Va. Code § 46A-5-101, which are intended to “bring the Act in conformity with the federal Fair Debt Collection
The District Court for the Eastern District of Arkansas granted summary judgment in favor of defendant debt collector ProCollect, Inc. in Jennifer Fox v. ProCollect, Inc. by ruling that ProCollect did not violate the Fair Debt Collection Practices Act by making two phone calls to a wrong number after first learning the number was not
In a recent case, the United States District Court for the Southern District of California partially dismissed a consumer’s claims under the Telephone Consumer Protection Act. The case is Bodie v. Lyft, No. 3:16-cv-02558-L-NLS (S.D. Cal. Jan. 16, 2019).
Plaintiff Jason David Bodie’s complaint alleged that he received two unsolicited text messages from a
The Seventh Circuit recently affirmed judgment in favor of the national consumer reporting agencies (“CRAs”), rejecting a plaintiff’s attempt to impose Fair Credit Reporting Act liability upon the CRAs for reporting information the furnisher had verified as accurate. This case represents a significant victory for CRAs facing collateral attacks of the
If a recent proposal is any indication, the Federal Housing Finance Agency (“FHFA”) may feel more comfortable with the status quo than with permitting Fannie Mae and Freddie Mac (“the Enterprises”) to explore the benefits of using VantageScore 3.0, a credit-scoring alternative jointly created by the nationwide consumer reporting agencies, or “CRAs.”
Last month, the
On January 29, the District Court in Georgia, in Jones v. Jason A. Craig and Associates, P.C., denied a motion for judgment on the pleadings by a defendant-collections law firm seeking dismissal of a Fair Debt Collection Practices Act claim. Plaintiff John Jones alleges that the law firm’s use of “& Associates,” as
On January 25, the Consumer Financial Protection Bureau posted a list of four frequently asked questions, or “FAQs,” clarifying some aspects of the TILA-RESPA Integrated Disclosure Rule (“TRID Rule”).
The TRID Rule, which applies to many consumer mortgage loans, consolidated the various disclosure forms that were required
On January 25, the Illinois Supreme Court sided with consumers in issuing a unanimous decision that a Six Flags season pass holder could bring a claim under Illinois’ Biometric Information Privacy Act (the “BIPA”) based on the amusement park’s collection of customer fingerprints—even absent allegations of real-world injury. This opinion provides a boost to the
Time Warner Cable is fighting back against a purported Telephone Consumer Protection Act wrong number class action lawsuit. In Hunter and Villa v. Time Warner Cable Inc., No. 1:15–cv–06445 (S.D.N.Y), plaintiffs Leona Hunter and Anne Marie Villa allege that defendant Time Warner Cable engages in a “practice of making
