In Porter v. Dollar Financial Group, Inc., 2014 U.S. Dist. LEXIS 122865, a Northern District of California court denied the defendant’s motion to compel arbitration based on the plaintiff’s allegation that the debt collection calls at issue were intended for a third party, and thus were not related to the contract containing the arbitration
Contracting and Text Sending is Sufficient for Exercise of Personal Jurisdiction in TCPA Class Action
In Payton v. Kale Realty, LLC, plaintiff Payton filed an amended complaint, asserting that defendant Kale used newly added defendant Voiceshot’s services to send unsolicited advertisements to potential customers’ cell phones. Voiceshot provides web-based cloud telecommunication services by which users can send mass text messages for a fee. Voiceshot is a Delaware company with
Virginia Creditors Bar Association 5th Annual Collections Seminar
On October 1, 2014, in Williamsburg, VA, the Virginia Creditors Bar Association is hosting their Fifth Annual Collections Seminar. This event will feature comprehensive discussions on issues pertaining to Creditors’ Rights and Collections Law throughout the Commonwealth of Virginia, including, but not limited to, presentations regarding bankruptcy, authenticating business records, FDCPA defense, the CFPB, and
CFPB and FTC File Amicus Brief Urging Application of FDCPA Beyond Initial Debt Collection Notice
On August 20, the Consumer Financial Protection Bureau and the Federal Trade Commission jointly filed an amicus brief in Hernandez v. Williams, Zinman & Parham, P.C. The case concerns the interpretation and enforcement of the Fair Debt Collection Practices Act, and is currently on appeal to the U.S. Court of Appeals for the Ninth Circuit.
11th Circuit Rejects Percentage Collection Fees Under FDCPA Without Specific Contract Provision
On January 2, 2014, the Eleventh Circuit Court of Appeals found that the Fair Debt Collection Practices Act prohibits collection agencies from charging consumers a percentage fee of the balance of their debt unless the consumer has explicitly agreed to such a fee arrangement. In Bradley v. Franklin Collection Services, Inc., a unanimous
Seventh Circuit Favors Simplified and Neutral Class Action Notices
In a June 2 decision, Judge Richard Posner, writing for a unanimous panel of the United States Court of Appeals for the Seventh Circuit, criticized a number of statements and other aspects within a notice of class action settlement that had been approved by the district court. In response to a number of objections
Study of Consumer Class Action Settlements Confirms Steady Increase in Number of Settlements Since 2010
On July 22, National Economic Research Associates (“NERA”) Economic Consulting released a study entitled “Consumer Class Action Settlements: 2010-2013”. The study is available online here. This study concluded empirically what many businesses have been experiencing in practice: Consumer class action settlements have been increasing steadily in the years between 2010 and 2013.
NERA’s analysis
Four Second Scan of a Collection Lawsuit Is Not Meaningful Attorney Review and Violates FDCPA
In Bock v. Pressler & Pressler, the United States District Court for the District of New Jersey held that it is false and misleading, within the meaning of FDCPA, for an attorney to file an FDCPA lawsuit without having meaningfully reviewed the complaint. In granting summary judgment in favor of the consumer, the court
New York AG and FTC Allege New York Based Debt Collector Used Illegal and Fraudulent Methods to Collect Debts
The Federal Trade Commission and the New York Attorney General’s Office filed a joint complaint against a New York based debt collector that goes by several names, including National Check Registry. As a result of the complaint, the U.S. District Court for the Western District of New York froze the operation’s assets and appointed a
FCC Strengthens Consent Requirements by Limiting Scope Based upon Individual’s Expectations
The Federal Communications Commission (FCC) in late June 2014 responded to the Second Circuit Court of Appeals’ request in Nigro v. Mercantile Adjustment Bureau for the FCC to opine on a specific question. The Second Circuit asked whether prior express consent existed under the Telephone Consumer Protection Act (TCPA) for an individual’s provision of a