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Dave is a partner of the firm who focuses on defending clients in consumer class actions and complex commercial litigation nationwide, particularly cases involving a variety of federal and state laws and regulations, including the Fair Credit Reporting Act (FCRA), the Telephone Consumer Protection Act (TCPA) and associated FCC regulations, the Fair Debt Collection Practices Act, the Truth in Lending Act, the Electronic Fund Transfer Act, and many similar state consumer protection statutes.

On April 19, the Federal Communications Commission (FCC) released its agenda for its May Open Commission Meeting scheduled for May 9, 2019.  Once again, however, there is no agenda item regarding the FCC’s highly anticipated rulemaking under the Telephone Consumer Protection Act (TCPA).  The FCC’s silence on this topic means yet another month will pass

The governors of Virginia and South Dakota have each signed a bill – HB 2690 and HB 1032, respectively – that moves the state’s licensing of money transmitters to the National Multistate Licensing System (“NMLS”). Both bills become effective on July 1, 2019. In addition to moving the money transmitter licensing process to NMLS,

On March 15, the United States Department of Justice announced a $1.59 million settlement – its largest ever – with PRG Real Estate Management for violations of the Servicemembers Civil Relief Act. The settlement resolves allegations that PRG obtained unlawful court judgments against military tenants and charged improper lease termination fees.  

The SCRA provides numerous

The United States Court of Appeals for the Second Circuit affirmed a district court’s dismissal of a Fair Debt Collection Practices Act (“FDCPA”) lawsuit over disclosure of the amount of debt owed.

Plaintiff Yuri Kolbasyuk sued debt collector Capital Management Services, LP (“CMS”) over a dunning letter that CMS sent him. CMS had been hired

On March 1, the Consumer Financial Protection Bureau released a report concerning mortgages made to members of the U.S. armed forces and veterans purchasing a first home.  It is part of a series of quarterly reports the CFPB will issue focusing on consumer credit trends.  This Quarterly Consumer Credit Trends report highlights trends among first-time

Last week a district court judge in the Northern District of Illinois granted a collection agency’s motion to dismiss, ruling that a collection letter, even coupled with a voicemail, did not present a sense of urgency sufficient to confuse an unsophisticated consumer in violation of the Fair Debt Collection Practices Act. 

At

On February 25, the Federal Trade Commission announced that it had finalized a consent order settling its claims against online lender SoFi in connection with SoFi’s allegedly misleading advertising of its student loan refinancing products.   

The FTC issued a complaint in October 2018 alleging that SoFi, for more than two years, had overstated the

The U.S. District Court for the Northern District of Texas recently ruled that a plaintiff has statutory standing to sue under the Fair Debt Collection Practices Act, despite the fact that the debt collector was attempting to collect a debt from the plaintiff’s son, not from the plaintiff himself.

The plaintiff’s name is “Christopher O.

The Telephone Consumer Protection Act (“TCPA”) carries the risk of annihilative damages for class action defendants based on its remarkable statutory damages scheme. Because of this risk, the statute has been the subject of significant court and agency attention recently. And much of this attention – from the D.C. Circuit’s opinion in ACA International to

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