The stating of a representative’s personal name is immaterial to whether there is a meaningful disclosure of the caller’s identity as required by the Fair Debt Collection Practices Act , said the district court for the District of Oregon. In Moore v. Account Control Technology, Inc., the court granted the defendant’s motion for summary
Report Indicates Reputation is Key in Determining Whether to Outsource Debt Collection Efforts
A recent report from researchers at the Federal Reserve Bank of Philadelphia posits that creditors’ concerns about their reputations incentivize the outsourcing of debt collection to third-party debt collection agencies. In the report titled “The Economics of Debt Collection: Enforcement of Consumer Credit Contracts,” authors Viktor Fedaseyeu and Robert Hunt developed a research model for
Continued Debate Over Government Requests Demonstrated By Facebook’s Report
Despite the anti-American sentiments resulting from the Snowden revelations, governments from all over the world have been increasingly demanding data from social media companies. According to Facebook’s latest report on government requests, a growing number of governments are demanding that Facebook turn over data to aid law enforcement investigations. Ironically, other counties are increasingly stepping
FCC and FTC Continue Coordinated Efforts Through Memorandum of Understanding
On November 16, the Federal Communications Commission and the Federal Trade Commission released a memorandum of understanding designed to formalize their plans to coordinate consumer protection efforts.
The FCC is charged with regulating all interstate and international communications by radio, television, wire, satellite, and cable, while the FTC is primarily responsible for preventing unfair or
Third Circuit Mulls Over Definition of “Meaningful Attorney Involvement”
On November 10, a New Jersey debt collection law firm pressed the Third Circuit to reverse the district court’s ruling that a four-second review of a debt collection complaint does not constitute “meaningful attorney involvement.”
As we previously reported, in Bock v. Pressler & Pressler, LLP, the United States District Court for the
New Cybersecurity Legislation Aimed at Protecting Drivers
After several high-profile motor vehicle computer hacking incidents, new legislation was introduced on November 5 that would require a study of best cybersecurity and private practices for software-enabled smart cars.
The so-called SPY Car Study Act was introduced by U.S. Representatives Ted W. Lieu and Joe Wilson. The Act tasks the National Highway Traffic Safety
Banks Warned of Growing Threat of Cyber Attacks Involving Extortion
On November 3, the Federal Financial Institutions Examination Council (“FFIEC”), the federal agency that regulates the U.S. financial services industry, issued a warning to U.S. banks of a growing threat of cyberattacks involving extortion.
The general threat of cyberattacks comes as no surprise in the wake of highly publicized data breaches. Likewise, cyber security professionals
Cox’s Data Breach Leads to Stiff FCC Penalty
Cox Communications Inc. agreed to pay $595,000 to resolve an investigation by the Federal Communications Commission’s Enforcement Bureau into whether the cable operator failed to properly protect its customers’ personal information when the company’s electronic data systems were hacked in 2014. The consent decree, entered into on November 5, is the first privacy and
Standing on Thin Air: Spokeo, Inc. v. Robins
On November 2, 2015, a sharply divided Supreme Court of the United States heard oral arguments in Spokeo, Inc. v. Robins, where it considered whether Congress may confer Article III standing by authorizing a private right of action based on the violation of a federal statute alone, despite a plaintiff having suffered no concrete
Sprint Settles With FTC for Violations of Fair Credit Reporting Act
Pursuant to a stipulated order with the Federal Trade Commission, Sprint will pay $2.95 million in civil penalties for alleged violations of the Fair Credit Reporting Act’s Risk-Based Pricing Rule. The Rule ensures that consumers who are offered less favorable service terms will receive notice of, among other things, any credit score used by the