In Ritchie v. Northern Leasing Systems, Plaintiff alleged twelve “myriad causes of action” ranging from civil RICO claims to federal fair credit statutes arising from Plaintiff’s lease of certain business equipment from Defendants. Plaintiff Patricia Ritchie applied for credit card processing services and a credit card machine for her business through a company called
Wendy’s Hit With Data Breach Class Action
In the wake of an alleged data breach, First Choice Federal Credit Union filed a class action lawsuit against The Wendy’s Company in Pennsylvania federal court on April 25. Wendy’s has already been hit with a consumer class action filed in February in Florida federal court based on the same event. Now First Choice seeks
Summary Judgment Granted Against Debt Collector in FTC Action
On April 7, the United States District Court for the Eastern District of Texas granted the government’s motion for summary judgment against a Texas-based third party debt collector, Commercial Recovery Systems, Inc. (“CRS”) and its president, Timothy Ford.
As previously reported, the Department of Justice, on behalf of the Federal Trade Commission, filed a
Continuing Impact of Campbell Ewald v. Gomez: Does Payment of Plaintiff’s Claim End Lawsuits?
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
Florida Federal Court Weighs In on TCPA and FDCPA Case
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
FTC Approves Final Order in Java Security Update Case
As we previously reported, in December 2015, the FTC settled claims against Oracle that the company deceived consumers about security updates on Oracle’s Java Platform, Standard Edition software (Java SE). The FTC’s complaint specifically alleged that, as Oracle rolled out updates to users, the software only updated the most recent version persisting on the
Second Circuit Says Debt Collectors Must Disclose Potential Interest and Fees
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
CFPB Releases Annual FDCPA Report
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
FTC Warns of Bogus Payday Loan Debts
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
FCRA’s Standalone Disclosure Requirement Leads to Another Class Action
Penn National Gaming has been hit with a class action alleging violations of the Fair Credit Reporting Act’s requirement that an employer’s disclosure to a job applicant that a background check is being obtained be made in a document consisting “solely” of the disclosure.
According to the complaint filed in the Philadelphia County Court of