In a statement recently disseminated to all Consumer Financial Protection Bureau (CFPB) personnel, Acting Director Dave Uejio set forth new priorities for the CFPB’s Supervision, Enforcement, and Fair Lending Division (SEFL), specifically around providing COVID-19 relief to consumers and racial equity.
In the statement, Uejio communicated his belief that “strong oversight” can make a
In Giannini v. Fin. Recovery Servs., Judge Ellis of the District Court for the Northern District of Illinois dismissed a case alleging the defendant violated the Fair Debt Collection Practices Act by “fail[ing] to include safe harbor language” in its collection letter. In its ruling, the court emphasized that to establish standing under the
In Cherry v. Dometic Corp., the Eleventh Circuit Court of Appeals held that, when addressing a motion for class certification, courts may consider whether the named plaintiff has demonstrated an administratively feasible method for identifying absent class members, but administrative feasibility is not a standalone requirement. In reaching its decision, the Eleventh Circuit waded
In Rock v. Greenspoon Marder LLP, Judge Vazquez of the District Court for the District of New Jersey granted the defendant’s motion to dismiss the plaintiff’s Fair Debt Collection Practices Act (FDCPA) claim in part and dismissed it in part. In its ruling, the court suggested that when sending a debt collection letter to
In Vandenberg & Sons Furniture, Inc. v. Alliance Funding Grp., Judge Quist of the District Court for the Western District of Michigan granted in part and denied in part the plaintiff’s motion for class certification arising from alleged violations of the Telephone Consumer Protection Act (TCPA). In its ruling, the court highlighted the importance
In Smith v. GC Servs. Ltd. P’ship, No. 19-3494 (7th Cir. Jan. 21, 2021), the Seventh Circuit affirmed a decision by the Southern District of Indiana finding that the plaintiff had not suffered any concrete injury and therefore, lacked standing to assert a claim under the Fair Debt Collections Practices Act.
The plaintiff, Franny Smith,
In Ewing v. Med-1 Solutions, Judge Sweeney II of the District Court for the Southern District of Indiana granted summary judgment for the defendant, regarding the plaintiff’s allegation that the defendant violated the Fair Debt Collection Practices Act by reporting her debt to TransUnion after the plaintiff disputed the debt. In its ruling, the
Washington State Attorney General Bob Ferguson recently announced priorities for his 2021 legislative agenda. These priorities include public safety and criminal justice reform, tribal treaty rights, and protecting consumers. With respect to the last priority on consumer protection, Attorney General Ferguson is supporting two bills in the Washington legislature:
In Wengui v. Clark Hill, PLC, Judge Boasberg of the District Court for the District of Columbia, granted the plaintiff’s motion to compel the defendant to produce a report and additional materials associated with a cyberattack. In its ruling, the court emphasized that materials that would otherwise be created in the ordinary course of
In Martinez v. Integrated Capital Recovery, LLC, Judge Ishii of the District Court for the Eastern District of California granted the Defendants’ motion to dismiss two Fair Debt Collection Protection Act (“FDCPA”) claims brought by Brandon Martinez, Plaintiff, on behalf of a class of similarly situated individuals. In its ruling, the Court reiterated that a