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 recent decision, the United States District Court for the District of New Jersey denied a consumer’s motion for summary judgment of her claims arising under the Fair Debt Collection Practices Act (“FDCPA”). The case is Estate of Wilfred C. Clements v. Apex Asset Management, LLC, No. 1:18-cv-10843-JBS-AMD (D.N.J. Mar. 25, 2019).
Defendant
In a recent decision, the United States District Court for the Middle District of Florida denied a consumer’s motion for summary judgment and granted summary judgment in favor of a debt collector regarding claims under the Fair Debt Collection Practices Act. The case is Encarnacion v. Financial Corporation of America, No. 2:17-cv-00566-SPC-UAM (M.D. Fla.
On January 22, the United States District Court for the District of Arizona found that a consumer had standing to pursue a claim under the Federal Debt Collection Practices Act. The case is Driesen v. RSI Enterprises Inc., No. 3:18-cv-08140-PCT-DWL (D. Ariz. Jan. 22, 2019).
The plaintiff, Kimberly Driesen, received phone
On January 31, 2019, Senator Mike Azinger introduced Senate Bill 495 to the West Virginia Legislature (referred to the Judiciary Committee). The Bill proposes amendments to the West Virginia Consumer Credit and Protection Act (“WVCCPA”), W. Va. Code § 46A-5-101, which are intended to “bring the Act in conformity with the federal Fair Debt Collection
In a recent case, the United States District Court for the Southern District of California partially dismissed a consumer’s claims under the Telephone Consumer Protection Act. The case is Bodie v. Lyft, No. 3:16-cv-02558-L-NLS (S.D. Cal. Jan. 16, 2019).
Plaintiff Jason David Bodie’s complaint alleged that he received two unsolicited text messages from a
In a recent decision, the United States District Court for the Northern District of Illinois granted a debt collector’s motion to dismiss a debtor’s breach of contract claim in a putative class action, leaving for adjudication the debtor’s claims under the Fair Debt Collection Practices Act (“FDCPA”). The case is Burdette-Miller v. Williams & Fudge,
In a recent opinion, the District of Connecticut dismissed cross-motions for summary judgment filed by a debtor and a debt collector for claims arising under the Fair Debt Collection Practices Act. The case is Garcia v. Law Offices of Howard Lee Schiff, P.C., No. 3:16-cv-791 (D. Conn. Dec.
The United States District Court for the Western District of Washington recently granted a debt collector’s motion for summary judgment on a debtor’s Fair Debt Collection Practices Act claims stemming from a collection letter sent in an effort to collect on unpaid bills for medical services.
In McBroom v. Syndicated Office Systems d/b/a Central Financial