In the past several years, Dish Network, LLC has found itself a target of several class actions for violations of the Telephone Consumer Protection Act. Earlier this year, a jury found Dish Network liable for TCPA violations arising from telemarketing calls. The North Carolina District Court trebled the jury verdict, resulting in a $61 million
House Financial Services Committee Hears Bill to Exempt Lawyers from FDCPA in Connection with Legal Proceedings and Related Communications
On September 7, the Financial Services Committee held hearings on a bill, H.R. 1849: Practice of Law Technical Clarification Act of 2017 (Trott), that seeks to amend the Fair Debt Collection Practices Act.
The current definition of “debt collector” under the FDCPA does not make clear whether it applies to attorneys, especially in the
Cursory Investigations and Misleading Reporting Leads to Partial Summary Judgment Win for Consumer
A recent federal court decision granting summary judgment to a plaintiff on a claim that a lender violated the Fair Credit Reporting Act (the “FCRA”), 15 U.S.C. § 1681 et seq., by failing to conduct a “reasonable” investigation of a credit reporting dispute – an issue normally reserved for a jury – illustrates the difficulty
District of New Jersey Judge Allows Consumer’s 1099C Disclosure Case to Continue
On September 28, 2017, the District of New Jersey denied a debt collector’s motion to dismiss a Fair Debt Collection Practices Act (“FDCPA”) claim based on 1099C language contained in a collection letter. This decision continues a recent trend, particularly within the courts of the Third Circuit, in denying motions to dismiss on this issue.
Court Finds Terrason Spinks and Jet Processing Liable for $281M IWorks Scheme
On August 18, following a bench trial, the United States District Court for the District of Nevada found defendants Terrason Spinks and his company, Jet Processing, Inc., jointly and severally liable for $280,911,870 in consumer injury caused by violations of the Federal Trade Commission Act (“FTC Act”) and Electronic Fund Transfer Act (“EFTA”). This case
CFPB’s Latest Supervisory Highlights Provides Valuable Statistics and Insight on Enforcement Efforts
The Consumer Financial Protection Bureau recently released its Summer 2017 Supervisory Highlights, which summarizes the agency’s supervisory activities during the first half of this year.
Looking to the numbers. From January through June, the CFPB’s nonpublic supervisory activities led to restitution payments that totaled approximately $14 million, and public enforcement actions that netted an
FTC and Debt Collector Agree to Defendant Leaving Debt Collection Practice
On August 24, the United States District Court for the Western District of New York entered a Stipulated Order for Permanent Injunction and Monetary Judgment against the last of a group of defendants who engaged in banned debt collection practices. The defendant, Anthony Coppola, is now barred from debt collection activities, misrepresenting material facts of
FTC Charges Deceptive Debt Collectors in Intimidation Scheme; Court Enters Temporary Restraining Order
On August 21, the Federal Trade Commission charged a North Carolina debt collection operation with using deception and intimidation to collect money from consumers for debts they did not owe or that the group had no right to collect. On August 24, the District Court for the Western District of North Carolina granted a temporary
Central District of California Limits Fees in FCRA Class Action, Creates Bigger Award Pool for Class Members
On July 18, the District Court for the Central District of California granted in part and denied in part a motion for attorneys’ fees, costs, and other payments in a Fair Credit Reporting Act class action suit. The motion accompanied a proposed $400,000 settlement, with a third of the funds allocated to class counsel for
11th Circuit Rules That Consent Under TCPA Can Be Partially Revoked
The Eleventh Circuit ruled in Schweitzer v. Comenity Bank that a consumer can verbally revoke consent to be called on her cell phone using an automatic telephone dialing system “in the morning and during the work day.” As a result, the district court improperly granted summary judgment to the bank because a jury could find