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
The Supreme Court has denied the petition for certiorari filed by State National Bank of Big Spring (“the Bank”) and two non-profit organizations challenging Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act, which created the Consumer Financial Protection Bureau. The Petitioners argued that the CFPB violates the Constitution’s separation of powers
Plaintiffs have won one in the ongoing litigation wars over whether the identity of the original creditors in debt collection letters is material, and hence should be included.
On January 2, the United States District Court for the District of Utah granted summary judgment in favor of the plaintiffs-debtors, finding that the defendant-debt collector committed
After a botched $172.5 million initial public offering, CPI Card Group Inc. shareholders will receive an $11 million cash settlement, according to a proposed settlement reached on December 31. The shareholders alleged that CPI oversold its chip-enabled credit cards ahead of its IPO.
The shareholders claimed that CPI shipped more than 100 million extra
In a recent opinion, the District of Connecticut dismissed cross-motions for summary judgment filed by a debtor and a debt collector for claims arising under the Fair Debt Collection Practices Act. The case is Garcia v. Law Offices of Howard Lee Schiff, P.C., No. 3:16-cv-791 (D. Conn. Dec.