With the ever-changing case law surrounding the Telephone Consumer Protection Act, staying up to date with what cases are relevant and where courts stand on certain, very important definitions, can be an almost impossible task. Further, in the 28 years since the TCPA was enacted, the legislation has been considered outdated by many companies.
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The U.S. District Court for the Middle District of Florida has awarded summary judgment in favor of a furnisher on a consumer’s claims brought under the Fair Debt Collection Practices Act. The dispute arose out of credit reporting on the account. The plaintiff asserted that the furnisher violated credit reporting standards by inaccurately identifying
Today, in Rotkiske v. Klemm et al., case number 18-328, the Supreme Court of the United States confirmed the one-year time limit for filing a Fair Debt Collection Practices Act (FDCPA) suit generally begins to run when the alleged violation occurs, not when it is discovered.
Citing the FDCPA’s statutory provision that claims
On November 7, the United States District Court for the Western District of Tennessee addressed the issue of whether it is a violation of the Fair Credit Reporting Act for a creditor to report a charged-off account with a monthly payment due. In Ruvye Cowley v. Equifax Info. Servs., LLC, et al., the Court
On November 5, the United States District Court for the Middle District of Florida held that allegations that a debt collector incorrectly reported a debt through a Metro 2 Format to one or more CRAs were insufficient to state a claim under the Fair Debt Collection Practices Act.
In Koehler v. Waypoint Res. Grp., LLC
A major background check vendor has settled charges by the Consumer Financial Protection Bureau (CFPB) that matching practices – the bases by which it attributes a criminal record to a specific individual – violated the Fair Credit Reporting Act (FCRA). At bottom, the settlement attempts to establish a standard that name and Date of Birth
On November 14, the House Financial Services Committee passed the following bills which would amend the Fair Debt Collection Practices Act and other consumer protection statutes and regulations. Next, the entire House of Representatives will consider the following bills:
Trina Davis brought both individual and putative class claims against Einstein Noah Restaurant Group, Inc. (herein “Einstein”), the parent company of popular bagel chain Noah’s Bagels, and Caribou Coffee Company, Inc. She alleged the companies violated the Fair Credit Reporting Act and related California statutes, arguing the consumer report disclosure form she signed to complete
On November 12, the United States District Court for the Middle District of Florida issued an order granting final approval to a class action settlement in Sanders et al. v. Global Radar Acquisition LLC d/b/a Global HR Research. This settlement resolves the lawsuit filed by Shawana Sanders and Keynatta Williams alleging that Global HR
Troutman Sanders attorneys David Anthony, Virginia Flynn, Alan Wingfield, and Chad Fuller will be hosting a Webinar titled, “A Glimmer of Light: An Update on Key TCPA Developments” on November 19th, 2019 from 3:00pm – 4:00pm EST.
The webinar will be discussing recent opinions from various courts around the country on key