In Fillinger v. Third Fed. Sav. & Loan Ass’n, No. 21-3088 (6th Cir. 2021), the Sixth Circuit held that an alleged denial of a loan is a sufficient injury to confer standing under Article III of the Constitution.
The plaintiff, Judy Fillinger, applied for a loan with Third Federal Savings and Loan Association (Third
In Bordeaux v. LTD Financial Services, L.P., No. 2:16-0243 (KSH) (CLW) (D.N.J Sept. 28, 2021), plaintiff Roberta Bordeaux, on behalf of herself and a class of similarly situated persons, asserted that defendant debt collector LTD Financial Services LP (LTD) violated the Fair Debt Collection Practices Act (FDCPA) by sending collection letters, referencing potential
In Tolliver v. Nat’l Credit Sys., Inc., No. 20-cv-728-jdp (W.D. Wis. Sep. 22, 2021), the Western District of Wisconsin found that the plaintiff lacked standing to assert his claims for violation of the Fair Debt Collections Practices Act (FDCPA), in which he alleged that a debt collector had failed to inform the consumer
In Lupia v. Medicredit, Inc., No. 20-1294 (10th Cir. Aug. 17, 2021), the Tenth Circuit affirmed summary judgement in favor of the plaintiff in a claim under the Fair Debt Collections Practices Act (FDCPA), finding that the defendant debt collector failed to present sufficient evidence to establish a bona fide error defense.
The
In Burns v. Keybridge Med. Revenue Care, No. 2:20-cv-12732 (E.D. Mich. July 22, 2021), the Eastern District of Michigan granted summary judgment in favor of a debt collector, holding that it did not violate the Fair Debt Collections Practices Act (FDCPA) by failing to report that the plaintiff disputed the debt at issue.
The
In Watts v. Emergency Twenty Four, Inc. (No. 20-cv-1820 (N.D. Ill. June 21, 2021), the Northern District of Illinois granted a motion to dismiss claims asserted against a security company under the Telephone Consumer Protection Act (TCPA), finding that dialing system at issue did not qualify as an automatic telephone dialing system (ATDS).
The Southern District of Florida has added to the growing collection of cases under the Fair Debt Collections Practices Act (FDCPA) based on a lack of standing.
In Preisler v. Eastpoint Recovery Grp., No. 20-CV-62268-RAR (S.D. Fla. May 25, 2021), the defendant, United Holding Group, LLC, purchased a debt owed by the
In Shepherd v. Debt Recovery Sols. of Ohio, Inc., No. 3:20-cv-520 (N.D. Ohio Apr. 22, 2021), the court dismissed a putative class action alleging violations of the Fair Debt Collections Practices Act, finding that the named plaintiff had not suffered a concrete injury, and therefore, he lacked standing to assert a claim.
The plaintiff,
In Ahmed v. Richland Holdings, No. 2:19-CV-1925 JCM (DJA) (D. Nev. Feb. 26, 2021), the District of Nevada dismissed a pair for claims under the Fair Debt Collections Practices Act (FDCPA), alleging that a debt collector had improperly sought to recover collection fees in the amount of 50% of the outstanding debts.
The plaintiffs,
2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and stay ahead of the compliance curve.
In this report, we share developments in 2020 on consumer class actions, background screening, bankruptcy,