The Second Circuit Court of Appeals recently ruled that New York City’s Department of Consumer Affairs has the authority to regulate law firms’ conduct related to purchasing and collecting consumer debt.
In Eric M. Berman, P.C., et al. v. City of New York, et al., the Second Circuit vacated a 2009 district court ruling
The Federal Reserve Bank of New York released its Household Debt and Credit Report this month. The report, which uses anonymous credit data to generate a nationally representative sample, found that consumers’ overall indebtedness increased $2 billion to $11.9 trillion in the second quarter of 2015.
This number was aided by the increased number of
On August 24, 2015, the Third Circuit Court of Appeals affirmed the authority of the Federal Trade Commission (FTC) to bring cases against companies that experience a data breach.
The Third Circuit Court of Appeals ruled the FTC could proceed with a lawsuit alleging hotel chain, Wyndham Worldwide Corp., violated the unfairness and deception prong
On April 27, 2015, the United States Supreme Court granted certiorari in Spokeo Inc. v. Robins to address the issue of whether Congress may confer Article III standing on a plaintiff who suffers no concrete harm by simply authorizing a private right of action based on the violation of a federal statute alone. Although the
The Consumer Financial Protection Bureau and the Federal Trade Commission jointly filed an amicus brief with the United States Court of Appeals for the Third Circuit in Bock v. Pressler & Pressler, LLP. In the case, a U.S. district court previously ruled that a debt collection law firm violated the Fair Debt Collection
The next “Debt Collection Dialogue” with the Federal Trade Commission is scheduled to occur in Dallas on September 29, 2015. It is the second of three such planned events. Representatives will discuss enforcement actions, consumer complaints, compliance issues, industry best practices, and the process for regulatory enforcement investigations and actions. The panel will include Commission
In Tierney v. Advocate Health & Hosps. Corp. (No. 14-3168, 2015 U.S. App. LEXIS 13966 (Aug. 10, 2015)), the Seventh Circuit recently upheld a district court’s dismissal of a proposed class action accusing a hospital of violating the Fair Credit Reporting Act by failing to secure health data maintained on four desktop computers that
The Consumer Financial Protection Bureau sent a questionnaire with almost 60 questions to randomly selected debt collectors and service providers as part of its potential rulemaking regarding debt collection, a process that began almost two years ago.
The CFPB received 23,000 comments in response to its Advance Notice of Proposed Rulemaking (ANPR) for debt collectors,
On August 6, the Seventh Circuit Court of Appeals ruled that a defendant’s offer of full relief does not render a plaintiff’s claims moot. The case, Chapman v. First Index, Inc. (No. 14-2773, 2015 U.S. App. LEXIS 13767 (7th Cir. 2015)), was a junk fax case brought pursuant to the Telephone Consumer Protection Act
Over the past two weeks, two separate federal district courts in New York held that having a consumer’s account number visible on the outside of an envelope containing letters from debt collection agencies does not, by itself, violate the FDCPA. In these cases, both Judge Colleen McMahon and Judge John Curtin, of the Southern