The United States District Court for the District of New Jersey ruled in favor of a debt collector in Martinez v. Diversified Consultants, Inc., granting a motion to dismiss the plaintiffs’ class claims regarding a collection letter that contained the collector’s phone number.
Plaintiff Waleska Martinez alleged violations of Section 1692g of the Fair
On January 23, the Middle District of Florida issued an order dismissing a Fair Debt Collection Practices Act and Florida Consumer Collection Practices Act (“FCCPA”) putative class action because the defendant, Wells Fargo Bank, N.A., did not qualify as a debt collector under the FDCPA.
The case is Rose Mary Rawls, et al. v. Wells
2018 was a busy year in the consumer financial services world. As we navigate the continuing heavy volume of regulatory change and forthcoming developments from the Trump Administration, members of Troutman’s Consumer Financial Services Practice will review the current state of federal and state consumer financial services law and policy and highlight what you and
On January 28, Thomas W. Thrash, Jr., the Chief Judge of the United States District Court for the Northern District of Georgia, issued four decisions on motions to dismiss in cases arising out of the Equifax data breach. Below are a few noteworthy takeaways.
Factual Background
From mid-May through the end of July 2017, hackers
On January 22, a district court in Wisconsin dismissed a debt collection action, with prejudice, on the basis that the inclusion of the current monthly payment in the “amount due now” was “not false, misleading, or confusing.” A copy of the Court’s decision can be found here.
Plaintiff Barbara Mollberg filed a complaint
A law firm not specializing in debt collection activity is not a “debt collector” under the Fair Debt Collection Practices Act because it was not “regularly” engaged in debt collection, according to the U.S. Court of Appeals for the Fifth Circuit. The case is Reyes v. Steeg Law.
Plaintiff Nicole Reyes filed a class
In a concise opinion, the U.S. District Court for the Northern District of Illinois recently held that a dunning letter did not violate the Fair Debt Collection Practices Act requirement to state “the amount of the debt,” despite omitting safe harbor language recommended by the Seventh Circuit.
In Tena
On January 16, the U.S. District Court for the Eastern District of Michigan denied a motion to dismiss a plaintiff’s Fair Credit Reporting Act claims on statute of limitations grounds, taking a strict interpretation of the complaint’s allegations as to the plaintiff’s discovery of facts underlying her claims. A copy of the decision in Blake
In a recent decision, the United States District Court for the Northern District of Illinois granted a debt collector’s motion to dismiss a debtor’s breach of contract claim in a putative class action, leaving for adjudication the debtor’s claims under the Fair Debt Collection Practices Act (“FDCPA”). The case is Burdette-Miller v. Williams & Fudge,
We are pleased to announce that Troutman Sanders attorneys Jonathan Floyd and Ethan Ostroff will be presenting during the Receivables Management Association International 22nd Annual Conference at the Aria Resort & Casino in Las Vegas, Nevada. Jonathan will be on a panel speaking on, “Time- Barred Debt Collection – Compliance Strategies by Circuit,” on