The United States Supreme Court has granted certiorari to a Telephone Consumer Protection Act (TCPA) case that could fundamentally shape the interpretation of one of the most litigated statutes in America. Its November 13, 2018, certiorari grant means that the Supreme Court should decide whether the Federal Communications Commission (FCC) or the courts will dominate
The West Virginia Consumer Credit and Protection Act (“WVCCPA”) is a remedial statute designed to protect West Virginia consumers from improper debt collection. Only “consumers” have standing to file a lawsuit under the WVCCPA. The term “consumer” is defined as a natural person that owes a debt or allegedly owes a debt. But does a
Earlier this week, InsideArm identified a subtle change to the Massachusetts Attorney General’s website that may reflect an unannounced change in the regulations governing third-party collection agencies in Massachusetts. The Massachusetts Attorney General’s website now indicates the following:
The Attorney General has issued debt collection regulations that establish standards by defining unfair and deceptive acts
The Federal Trade Commission proposed a rule requiring consumer reporting agencies to provide free credit monitoring service to active duty military members that would electronically notify these consumers of “material” changes to their file within 24 hours. The deadline to submit comments on the proposed rule is January 7, 2019.
The proposed rule implements the
The states of most complaint, you ask? – California, Florida, Texas, New York, and Georgia.
In October, the Consumer Financial Protection Bureau released its Complaint Snapshot, which supplements the Consumer Response Annual Report and provides an overview of trends in consumer complaints received by the Bureau.
The Snapshot revealed that the CFPB has received 1.5
On October 23, the U.S. District Court for the Eastern District of Washington denied a defendant debt collector’s motion to dismiss a class action claim brought under the Fair Debt Collection Practices Act based on the debt collector’s alleged failure to report a debt as disputed in violation of FDCPA § 1692e(8). The Court in
In Cooper v. Retrieval-Masters Creditors Bureau, Inc., 16 C2827, —F. Supp. 3d—, 2018 WL 2299203 (N.D. Ill. May 21, 2018), appeal filed (7th Cir. June 20, 2018), available here, plaintiff Jack Wesley Cooper alleged violations of the Fair Debt Collection Protection Act (“FDCPA”), seeking statutory and actual damages and attorneys’ fees.
At a
On October 23, the Federal Trade Commission and the New York Attorney General sued multiple New York debt collection companies for using false and deceptive tactics to collect on debts. On October 26, the United States District Court for the Western District of New York granted a temporary restraining order (“TRO”) prohibiting the defendants from
Arbitration clauses are ubiquitous in consumer and employment contracts. Frustrated with that widespread use, on October 30, United States House of Representatives members Jerrold Nadler (D-N.Y.) and Bobby Scott (D-Va.) introduced the “Restoring Justice for Workers Act.” The proposed legislation would outlaw use of class action waiver provisions in employment
On October 26, the Eastern District of Wisconsin issued a ruling dismissing a Fair Credit Reporting Act case. In Garland v. Marine Credit Union, the Court granted summary judgment in favor of the debt collector, holding the dispute was a legal issue such that the consumer could not establish a factual inaccuracy in the