In Frank v. Cannabis & Glass, LLC, No. 2:19-cv-00250-SAB (E.D. Wash. Oct. 1, 2019), the federal court for the Eastern District of Washington held that a minor role in a causal chain was not sufficient to “make” a call for purposes of liability under the Telephone Consumer Protection Act.
This case arose after Roberta
On September 25, California Assembly Bill 539 was presented to the Governor for signing. The Bill would prohibit licensees of the California Financing Law (CFL) from charging an interest rate greater than 36% plus the applicable Federal Funds Rate on consumer loans of at least $2,500, but less than $10,000. Currently the CFL does not
The Consumer Financial Protection Bureau published its quarterly consumer credit trends report on September 25. In the Report, the CFPB gave an in-depth look at bankruptcy trends and the impact of filing for the period 2001-2018, which includes the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”) and the Great Recession.
The
On September 17, a district court judge in the Eastern District of Kentucky granted in part and denied in part a defendant debt collector’s motion to dismiss under Rule 12(b)(6) for failure to state a claim. Plaintiff Timothy Flook sued Mason, Schilling & Mason, Co., L.P.A, and one of its attorneys (collectively “MSM”), claiming that
In Roman v. RGS Financial, Inc., No. 2:17-cv-04917-ADS-AKT (E.D.N.Y. Sept. 6, 2019), Judge Arthur D. Spatt held that RGS did not violate the Fair Debt Collection Practices Act by failing to disclose that interest, late fees, and/or other fees were accruing.
Plaintiff Stephanie Roman alleged that RGS violated the FDCPA when it sent a
The U.S. Department of Education finalized its proposal to rescind the Obama administration’s “Borrower Defense” rule issued in November 2016, replacing it with “Institutional Accountability Regulations” (the “Regulations”) effective July 1, 2020. The Regulations will significantly change the “Borrower Defense” rule. Such changes include once again allowing pre-dispute arbitration agreements.
The Regulations will apply to
On September 10, Judge Yvonne Gonzalez Rogers entered a $267 million judgment against a debt collection agency that made more than 534,000 telephone calls in violation of the Telephone Consumer Protection Act. The judgment ended three years of class action litigation after plaintiff Ignacio Perez and two others alleged that defendant Rash Curtis & Associates
Rhode Island has amended its electronic money transfer law to require state licensing for certain entities providing cryptocurrency or “virtual currency”-related services. Specifically, entities that maintain “control of virtual currency or transactions in virtual currency on behalf of others” will need to become “currency transmission” licensees. An entity controls virtual currency if it has “the
On August 28, a district court judge in the Southern District of Indiana denied a defendant debt collector’s motion to dismiss under Rule 12(b)(6) for failure to state a claim. Plaintiff David F. Driver sued LJ Ross Associates, Inc. (“LJRA”), claiming that a collection letter violated the
In Brooks v. The Kroger Co., No. 3:19-cv-00106 (S.D. Cal. Aug. 12, 2019), Judge Anthony J. Battagalia found that automated calls from grocery retailer The Kroger Company warning about salmonella fit within the emergency exception to the Telephone Consumer Protection Act.
Plaintiff Derrick Brooks claimed that Kroger called him “for marketing purposes” using an