After lengthy discovery and litigation, a U.S. district court judge in the Western District of New York ended a class action lawsuit by holding that communications between attorneys are not actionable under the Fair Debt Collection Practices Act (FDCPA).
In (Fein Such), the plaintiffs filed a class action complaint alleging that Fein Such made improper
On December 28, 2022, the New York Department of Financial Services released its debt collection rule amendments to 23 NYCRR 1, the regulation titled “Debt Collection by Third-Party Debt Collectors and Debt Buyers.” The initial proposed amendments were opened to public comment in late 2021. The rule amendments will take effect 180 days after the
A Kentucky district court judge recently granted in part and denied in part a defendant’s motion for summary judgment in a Telephone Consumer Protection Act (TCPA) case, Barnett v. First National Bank of Omaha. The court held that the plaintiff’s request to have information sent to him via the mail instead of over the
A Georgia district court judge recently granted a defendant’s motion to dismiss all claims except for one in Fair Debt Collection Practices Act (FDCPA) case Lee v. Medicredit. The court held that what constitutes a “reasonable period of time” for lack of response from a consumer’s attorney cannot be decided at the motion to
2021 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and stay ahead of the curve.
In this report, we share developments on auto finance, background screening, bankruptcy, consumer class actions, consumer
In Reddick v. Capouano, Beckman, Russell & Burnett LLC, the Court of Appeals for the Eleventh Circuit recently affirmed defendant law firm Capouano, Beckman, Russell & Burnett LLC’s (Firm) motion for summary judgment involving an alleged violation of the Fair Debt Collection Practices Act (FDCPA). In its holding, the Eleventh Circuit found no violation
In Cheatham v. Adams, a U.S. district judge in Arkansas recently granted the defendant McKendra Adams’s (Adams) motion to dismiss for lack of standing involving an alleged violation of the Fair Debt Collection Practices Act (FDCPA). In its holding, the court determined that even though defendant Adams failed to send a timely validation notice,