We are pleased to announce that Troutman Sanders attorney David Anthony will be hosting a Consumer Data Industry Association (CDIA) Webinar on October 16th at 2pm EST, titled “Navigating the Challenges in Today’s Litigation and Enforcement Environment.” David will be providing insight on litigation and enforcement trends throughout the consumer reporting industry.
Discussion Topics
Showing its continuing regular focus on the background screening industry, on October 3, 2019, the Consumer Financial Protection Bureau (CFPB) published a report, entitled Market Snapshot: Background Screening Reports. The report highlights the increased demand for background screenings by employers as well as consumer challenges that may arise from their use given the vast
The Consumer Financial Protection Bureau filed a lawsuit in the United Stated District Court for the District of Maryland against FCO Holding, Inc. and its subsidiaries, as well as Michael E. Sobota, the chief executive officer and 100% owner of FCO Holding, Inc. The Maryland debt collector entities operate collectively under the name Fair Collections
One of the most ambitious (i.e., bad) arguments ever made by a defendant in a TCPA case was rejected by the Western District of New York in Gerrard v. Acara Sol. Inc., 1:18-cv-1041, 2019 U.S. Dist. LEXIS 108038, 2019 WL 2647758 (W.D.N.Y. June 27, 2019). Acara Solutions argued their text messages with
A pro se plaintiff’s lawsuit brought pursuant to the Fair Debt Collection Practices Act was dismissed by the District of New Jersey for lack of standing in Kraft v. Phelan Hallinan Diamond & Jones, P.C., U.S. Dist. LEXIS 126323 (D. N.J. July 30, 2019). Plaintiff Warren R. Kraft inherited real estate from his deceased
A new court decision raises important compliance issues for creditors who use an internal debt collection unit: whether separately naming the unit in a document also naming the creditor in its main business name can cause confusion, giving rise to a claim under the Fair Debt Collection Practices Act.
On September 4, a U.S. d
On August 28, a district court judge in the Southern District of Indiana denied a defendant debt collector’s motion to dismiss under Rule 12(b)(6) for failure to state a claim. Plaintiff David F. Driver sued LJ Ross Associates, Inc. (“LJRA”), claiming that a collection letter violated the
Some good news for debt collectors recently came out of the Sixth Circuit Court of Appeals. In Sparks v. EquityExperts.org, LLC, the Sixth Circuit affirmed summary judgment for EquityExperts.org, LLC (“Equity Experts”), rejecting the consumers’ allegations that Equity Experts violated the Fair Debt Collection Practices Act by collecting its
The Southern District of Indiana recently issued a positive decision for debt buyers and collectors defending Fair Debt Collection Practices Act lawsuits premised on a directly communicating with a consumer who had previously notified the creditor she was represented by an attorney.
In Pennell v. Global Trust Management, LLC, No. 1:18-cv-01698-JRS-DLP, 2019 U.S. Dist.
We are pleased to announce that Troutman Sanders attorneys David Anthony, Cindy Hanson, Ron Raether, and Timothy St. George will be presenting during the 2019 NAPBS Annual Conference in San Antonio, TX. The NAPBS conference offers a diverse range of educational topics from global screening techniques, strategic business sessions, technology and information