In Abdollahzadeh v. Mandarich Law Group, LLP, the Seventh Circuit affirmed summary judgment for a debt collector under the Fair Debt Collection Practices Act, finding that its procedures to prevent the collection of a time-barred debt were reasonable enough to support a bona fide error defense.
As background,
On March 22, 2018, the Governor of West Virginia signed into law HB 4285, which amends select provisions of the West Virginia Safe Mortgage Licensing Act (“WVSMLA”). The Bill makes three changes to the WVSMLA, which regulates the licensing requirements for mortgage loan originators.
First, the Bill increases the state license application fee, which appears
On March 22, 2018, the Governor of West Virginia signed into law HB 3143, which amends select provisions of the West Virginia Consumer Credit Protection Act (WVCCPA). First, the Bill amends section 46A-4-101 to clarify that the licensing provisions of the WVCCPA do not apply to any “collection agency” as defined by the Collection Agency
In a move that some consumer advocates worry will erode the notoriously stringent requirements of the California Consumer Privacy Act, the California state legislature’s Privacy and Consumer Protection Committee held a hearing this week where it advanced five different bills that amend and potentially weaken the statute. The bills advanced include the following:
Distinguishing some recent cases, the U.S. District Court for the Eastern District of New York clarified that a debt collector who discloses the current amount due in an initial communication has fewer obligations under the Fair Debt Collection Practices Act than a debt collector that provides the amount due as of a future date.
Generally,
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 District Court in the Northern District of Illinois, in Spiegel v. EngageTel Inc. (N.D. Ill. Mar. 29, 2019), granted summary judgment in favor of defendants EngageTel Inc. and its principal, Dennis Carlson, on certain claims, but left a claim under the Telephone Consumer Protection Act remaining. The District Court’s decision is significant
In the amorphous landscape of Telephone Consumer Protection Act jurisprudence, the lack of uniformity, consistency, and predictability has created legal hurdles for businesses and entities whose success in TCPA litigation depends largely on the jurisdiction in which they find themselves. Despite multiple attempts by the FCC to clarify the law, many questions remain. The most
A district court in Texas, in Young v. ProCollect, Inc. (N.D. Tex. Feb. 21, 2019), granted summary judgment in favor of a defendant debt collector, ProCollect, Inc., where claims were asserted by the plaintiff, Ronnie Young, on behalf of himself and a putative class, under the Fair Debt Collection Practices Act.
In the complaint,
Student loan debt in the United States has reached over $1.53 trillion – a figure the Federal Reserve suggested is discouraging young people from buying homes. While that number continues to rise, some in Congress have taken notice of its consequences and seek to implement changes in repayment options to provide desperately needed