The District Court for the Eastern District of Arkansas granted summary judgment in favor of defendant debt collector ProCollect, Inc. in Jennifer Fox v. ProCollect, Inc. by ruling that ProCollect did not violate the Fair Debt Collection Practices Act by making two phone calls to a wrong number after first learning the number was not
The Seventh Circuit recently affirmed judgment in favor of the national consumer reporting agencies (“CRAs”), rejecting a plaintiff’s attempt to impose Fair Credit Reporting Act liability upon the CRAs for reporting information the furnisher had verified as accurate. This case represents a significant victory for CRAs facing collateral attacks of the
On January 29, the District Court in Georgia, in Jones v. Jason A. Craig and Associates, P.C., denied a motion for judgment on the pleadings by a defendant-collections law firm seeking dismissal of a Fair Debt Collection Practices Act claim. Plaintiff John Jones alleges that the law firm’s use of “& Associates,” as
The United States District Court for the Western District of Texas recently granted summary judgment in favor of a debt collector, holding that letters sent with the same client account number for two different debts incurred with the same underlying creditor was not false, deceptive, or misleading or otherwise in violation of the F
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