In Palacio v. Med. Fin. Sols., No. 21 CV 1288 (N.D. Ill. June 14, 2022), the court granted summary judgment in favor of the defendant, finding that it did not qualify as a “debt collector” under the Fair Debt Collections Practice Act (FDCPA).
Defendant Medical Financial Solutions (Medical Financial) works with medical care
On July 18, a New Jersey district court ruled that a customer’s contract termination with a merchant does not also terminate the “established business relationship” (EBR) exception for purposes of the Telephone Consumer Protection Act (TCPA). The decision sheds light on an exception to the TCPA that likely will take on increasing importance, following the
Join Consumer Financial Services Partner Dave Gettings as he hosts guest Kristi Kelly, one of the founders of Kelly Guzzo PLC, for a conversation discussing current FCRA trends from the plaintiffs’ counsel perspective. As a consumer protection attorney, Kristi advises consumers nationwide in individual and class-action cases under the FCRA, including cases against furnishers and consumer reporting agencies.
Please join Troutman Pepper Partner Dave Gettings and his guest Eric Ellman of the Consumer Data Industry Association (CDIA) for a conversation on recent industry developments in credit reporting. Dave and Eric discuss the CDIA’s mission, the idea of a government-run credit bureau, and recent trends in FCRA litigation. At the CDIA, Eric leads the state government and federal regulatory affairs programs, runs the legal department, serves as liaison to the format teams for credit data reporting, and participates in the association’s management. With the CDIA since 1998, Eric’s work has been highlighted on the front page of the USA Today Money section (June 2007), where he was called a “warrior” who is “always well prepared for battle.”
In Fowler v. Preferred Collection & Mgmt. Servs., No. 8:21-cv-1038-WFJ-AAS (M.D. Fla. May 16, 2022), the court granted in part and denied in part the defendant’s motion for summary judgement as to claims asserted against it under Section 1681s-2(b) of the Fair Credit Reporting Act (FCRA). In doing so, the court weighed in
In Ramones v. AR Res., Inc., No. 19-62949-CIV-SCOLA/SEITZ (S.D. Fla. Apr. 8, 2022), the court refused to set aside an award of punitive damages based on violations of the Fair Credit Reporting Act, but it reduced the jury’s award from $700,000 to $450,000.
The case arose out of a dispute concerning medical debts
In Carroll v. Medicredit, Inc., No. 2:20-cv-01728-KJD-EJY (D. Nev. Mar. 18, 2022), the court denied the parties’ cross motions for judgment on the pleadings as to claims under the Telephone Consumer Protection Act (TCPA) the Fair Debt Collections Practices Act (FDCPA) that arose out of collection calls placed after the parties had agreed to
On March 18, the three nationwide consumer reporting agencies — Equifax, Experian, and TransUnion (NCRAs) — announced plans to change how medical debt will be reported on credit reports. The joint measures will result in the removal of nearly 70% of medical collection debt records from credit reports.
The announcement included the following three major
On February 3, the Nevada Financial Institutions Division (NFID) issued a bulletin, stating that any licensed collection agency or manager must transition their license to the Nationwide Multistate Licensing System (NMLS) by June 30. Licensees that do not submit a request to transition by June 30 will see their licenses expire without an option for
Join Troutman Pepper Consumer Financial Services Partner Dave Gettings for a special podcast series dedicated to exploring the Fair Credit Reporting Act (FCRA). In this inaugural episode, Dave talks with fellow Troutman Pepper Partner David Anthony, who is nationally recognized for representing consumer financial service companies, particularly in FCRA class actions. He has served as lead counsel in more than 100 class actions, and more than 1,500 individual cases across the country. In this discussion, Dave and David share what they are seeing in this practice and pull out the crystal ball to discuss where they see FCRA litigation going in 2022 and beyond.