On October 28, the parties to a Telephone Consumer Protection Act class action lawsuit pending in the Southern District of Florida reached a $6 million settlement. The settlement agreement resolves the lawsuit filed by Brian Keim against Pizza Hut, LLC and multiple franchisees in which Keim alleged that he and a class of individuals
On October 7, California Governor Gavin Newsome signed SB 616 into law. This new law, which goes into effect on September 1, 2020, includes changes to California law regarding garnishments. SB 616 amends California Code of Civil Procedure (CCCP) § 699.520, revising requirements for a writ of execution. The content of a notice of
On October 17, the Consumer Data Industry Association filed a lawsuit in the District of New Jersey seeking to block a New Jersey state law requiring credit reports to be made available in eleven foreign languages, if requested by the consumer. Specifically, the Association argues that the federal Fair Credit Reporting Act preempts the law
Three industry organizations filed suit against the Nevada Attorney General and the Commissioner of the Nevada Financial Institutions Division, claiming that a newly enacted Nevada law conflicts with and is preempted by federal law, including the Fair Credit Reporting Act (FCRA) and the Equal Credit Opportunity Act (ECOA). They are seeking an injunction preventing Nevada
On September 30, the District of Nevada dismissed a plaintiff’s class claim under the Telephone Consumer Protection Act but permitted her individual claim to proceed. In Whittum v. Acceptance Now West LLC, plaintiff Roxanne Whittum alleged that Acceptance Now placed multiple calls to her using an automatic telephone dialing system (“ATDS”)
The Consumer Data Industry Association (“CDIA”), a trade association whose members include the three largest consumer reporting agencies (“CRAs”), recently filed a lawsuit in Maine seeking a declaratory judgment that two recently passed credit reporting laws are preempted by the Fair Credit Reporting Act.
Earlier this year, the Maine legislature passed
The Consumer Financial Protection Bureau filed a lawsuit in the United Stated District Court for the District of Maryland against FCO Holding, Inc. and its subsidiaries, as well as Michael E. Sobota, the chief executive officer and 100% owner of FCO Holding, Inc. The Maryland debt collector entities operate collectively under the name Fair Collections
On September 19, the Consumer Financial Protection Bureau and the Federal Trade Commission announced they will hold a joint public workshop on December 10 related to key issues of accuracy governed by the Fair Credit Reporting Act, including those related to the accuracy of both traditional credit reports as well as employment and tenant background
The U.S. Court of Appeals for the Seventh Circuit recently affirmed judgment in favor of two debt collectors and against a debtor for claims arising under the Fair Debt Collection Practices Act and the Wisconsin Consumer Act (“WCA”). In its ruling, the Court held that the debtor did not create a triable issue of material
Some good news for debt collectors recently came out of the Sixth Circuit Court of Appeals. In Sparks v. EquityExperts.org, LLC, the Sixth Circuit affirmed summary judgment for EquityExperts.org, LLC (“Equity Experts”), rejecting the consumers’ allegations that Equity Experts violated the Fair Debt Collection Practices Act by collecting its