In Leyse v. LifeTime Entertainment Services LLC, the district court for the Southern District of New York recently granted a defendant’s motion to enter judgment on behalf of the plaintiff upon tender to the Clerk of Court of all offered monetary damages and costs.
Plaintiff Mark Leyse brought a putative class action suit against
On April 6, the United States District Court for the Middle District of Florida issued a ruling on cross-motions for summary judgment in a case involving both Telephone Consumer Protection Act (“TCPA”) claims and Fair Debt Collection Practices Act (“FDCPA”) claims.
In McCaskill v. Navient Solutions, Inc., Defendant Navient Solutions, Inc., a student loan
On March 22, the United States Court of Appeals for the Second Circuit vacated a district court’s dismissal of a Fair Debt Collection Practices Act (“FDCPA”) complaint, finding instead that the plaintiffs had adequately stated a claim for relief under Section 1692e of the FDCPA.
In Avila v. Riexinger & Associates, LLC, Plaintiffs both
The Sixth Circuit recently affirmed a district court’s decision that the Fair Credit Reporting Act’s statute of limitations commences upon the discovery of facts giving rise to a violation in Rocheleau v. Elder Living Construction, LLC.
In the underlying suit, Plaintiff Richard Rocheleau alleged that Defendants Elder Living Construction, LLC and First Advantage LSN
Judge Beth Labson Freeman for the United States District Court for the Northern District of California recently joined numerous other courts across the country in staying a putative FCRA class action pending the outcome of the Supreme Court’s decision in Spokeo Inc. v. Robins.
The underlying action in the California court challenged the defendant’s
The Consumer Financial Protection Bureau recently issued its annual Fair Debt Collection Practices Act (“FDCPA”) report, which provides a comprehensive overview of both the CFPB’s and Federal Trade Commission’s enforcement efforts throughout 2015. The report specifically provides a background of the debt collection market, an overview of consumer complaints, a description of the CFPB’s
On March 21, the Federal Trade Commission issued a warning that portfolios of alleged payday loan debts serviced by AMG Services are bogus. The alleged lenders – USFastCash, 500FastCash, OneClickCash, Ameriloan, United Cash Loans, AdvantageCashServices, and StarCash Processing – never authorized, assigned, or sold any of their loans for third-party collection. Consumers may not even
A proposed class action against Dave & Buster’s Inc., accusing the restaurant and entertainment chain of violating the Fair Credit Reporting Act by using background checks to make adverse employment decisions without sharing the results with employees or applicants, was dismissed with prejudice after the parties submitted a joint stipulation for dismissal. The suit was
In 2015, Congress amended the Telephone Consumer Protection Act to create an exemption to the statute’s autodialer restrictions for calls made solely to collect a debt owed to or guaranteed by the United States. On March 31, the United States District Court for the Northern District of California gave this amendment retroactive effect, to the
Commissioner Julie Brill with the Federal Trade Commission recently announced that she will step down at the end of this month to enter private practice.
Brill was appointed by President Obama and sworn in on April 6, 2010. Prior to joining the FTC, Brill was the Senior Deputy Attorney General and Chief of Consumer Protection