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David Asbury handles critical debt collection litigation matters with a keen understanding of his clients’ business goals. Particularly experienced in the loan servicing industry, David helps clients pinpoint problems, avoiding costly litigation whenever possible and vigorously defending litigation when necessary.

Last fall, Troutman Sanders reported that the Federal Communications Commission released its final report and order creating a reassigned numbers database to block robocalls. The FCC has now issued formalized policies to allow carriers to block calls by default using “reasonable analytics.”

The final version of the ruling is largely unchanged from the proposed version. 

The United States District Court for the Northern District of Illinois denied Ralph Lauren’s motion to dismiss in favor of a recipient of text messages in Hudson v. Ralph Lauren Corp. et al. Ralph Lauren now must defend the class action suit over excessive text messages.

Plaintiff Patrick Hudson alleged Ralph Lauren violated the

The West Virginia Supreme Court ruled against a debt collector in LTD Financial Services, L.P. v. Collins, affirming the lower court’s order granting the plaintiff’s motion for a directed verdict. Specifically, the Court ruled that the plaintiff was not required to prove intent as part of his affirmative claim and LTD Financial Services did

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 December 17, the United States District Court for the Eastern District of New York ruled in favor of a debt collector in Taubenfliegel v. Miller & Milone, P.C., granting a motion for summary judgment regarding the naming of the creditor in a collection letter.

Plaintiff Elizabeth Taubenfliegel alleged violations of Section 1692g of

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

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