On November 29, the Third Circuit Court of Appeals reversed a district court’s grant of summary judgment to Drexel University in a Fair Debt Collection Practices Act case brought by a former student.
In Tiene v. Law Office of J. Scott Watson PC, No. 18-1221 (3d Cir. Nov. 29,
The Northern District of California recently dismissed a putative class action, filed under the Fair Credit Reporting Act, challenging an employer’s inclusion of state-specific information in its FCRA consent and disclosure form. The Court held that the plaintiff had no standing to assert her FCRA claim because she failed to plead a concrete injury-in-fact.
In
On December 4, the Federal Trade Commission announced that it is seeking comment on whether the agency should make changes to rules requiring that financial institutions and creditors take certain steps to detect signs of identity theft that may affect their customers.
In a press release, the FTC stated that as part of its
On November 16, the United States Court of Appeals for the Fifth Circuit issued a memorandum opinion in Crystal Davis v. Credit Bureau of the South denying counsel’s statutory attorney’s fees for a successful Fair Debt Collection Practices Act claim. The opinion—which is well worth the read—can be accessed here.
The appellant consumer, Crystal
Last month, Troutman Sanders reported on the proposed TRACED Act which would instruct the Federal Communications Commission to engage in rulemaking to protect consumers from receiving unwanted calls and text messages from unauthenticated phone numbers. FCC Chairman Ajit Pai tweeted his approval for the bill, but the FCC is not waiting on Congress to fight
On November 14, the Bureau of Consumer Financial Protection filed an amicus brief with the United States Supreme Court, arguing a law firm’s nonjudicial foreclosure actions to enforce a security interest on a mortgage debt fell outside the purview of the Fair Debt Collection Practices Act because the activity did not constitute “debt collection.”
Does a debt collector risk violating the Fair Debt Collection Practices Act if it fails to provide an oral disclosure regarding the statute of limitations during an incoming call with a consumer? In a comprehensive opinion, a district court just issued a resounding “no.”
In Douglas v. NCC Business Services, Inc., consumer
The next generation of federal student loan servicing is scheduled to debut in 2019. The Department of Education’s new platform, called Next Generation Financial Services Environment (or “NextGen”), aims to integrate the entire student-loan process—from submitting the Free Application for Federal Student Aid (“FAFSA”) through payment, processing, and service—into a single website. But NextGen
On November 20, Federal Communications Commission Chairman Ajit Pai proposed the implementation of a reassigned numbers database and a declaration that wireless providers are authorized to take measures to stop unwanted text messaging through use of autodialed text messaging (“robotext”)-blocking, anti-spoofing measures, and other anti-spam features.
Calls to reassigned numbers can be
In March 2018, the Predatory Lending Unit of the Virginia Attorney General Office’s Complaint against online lender Future Income Payments (“FIP”) began with the words of Sir Walter Scott: “what a tangled web we weave when we first practice to deceive.”[1] The lawsuit charged FIP with disguising unlawful loans – in excess of 183%