On January 4, the District Court of New Jersey dismissed a Fair Debt Collection Practices Act (FDCPA) complaint against an unlicensed debt collector for lack of standing. In Valentine v. Unifund CCR, LLC, et al., the court held that merely receiving a letter from an unlicensed debt collector is insufficient to establish a concrete injury
Punit Marwaha
Punit Marwaha is an attorney in the consumer financial services litigation practice, representing clients in business disputes, consumer law and commercial litigation in both federal and state courts.
Another Win for Banks: Illinois Federal Court Tosses Wire Fraud Claims
A recent decision out of the Northern District of Illinois should help banks defend against increasingly common claims involving fraudulent wire transfers. In Trivedi v. Bank of America, et al., the district court granted the defendant banks’ motions to dismiss, holding that the plaintiff’s common law claims were preempted by the Illinois Uniform Commercial Code (UCC), the consumer fraud claims failed to meet R. 9(b)’s heightened pleading standard, and claims under the Electronic Funds Transfer Act failed to state a claim.
Georgia Court Dismisses FDCPA Case Over Calls to Consumer’s Mother
A recent decision out of the Northern District of Georgia highlights how statutory language is still important when resolving matters under the FDCPA. In this case of Joe v. Capital Link Management LLC, the court held that the plaintiff could not state claims under Section 1692c and Section1692e as the plaintiff, the mother of…
Eastern District of New York Dismisses FDCPA Complaint Based on Lack of Standing
The Eastern District of New York recently found that a plaintiff lacked Article III standing to bring her FDCPA suit as she failed to demonstrate a concrete, particularized injury. In the case of Bush v. Optio Solutions LLC, opinion found here, the court held that, in the wake of TransUnion v. Ramirez,…
Western District of Washington Denies Defendant’s Motion to Dismiss Based on Plaintiff’s Allegations That She Did Not Owe the Debt
In Tinsley v. Fairway Collections, LLC, the Western District of Washington recently issued an opinion finding that dismissal of a consumer’s FDCPA claim was not warranted because she alleged not owing the underlying debt at the time a collection lawsuit was filed against her. The court also found that a consumer does not need…
Seventh Circuit Affirms Gadelhak Decision in Striking Down TCPA Claims
A recent case out of the Seventh Circuit Court of Appeals reaffirmed its prior decision in Gadelhak v. AT&T Services that only a system with “the capacity to generate random or sequential numbers” qualifies as an ATDS. In Jackson v. Regions Bank, the court rejected Jackson’s arguments to overrule Gadelhak in affirming the district…
2020 Consumer Financial Services Year in Review & A Look Ahead
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,…
Ninth Circuit Dismisses FDCPA Case Over Lack of Standing
The Ninth Circuit Court of Appeals, deciding to take up the issue of Plaintiff’s standing sua sponte, recently remanded the case of Adams v. Skagit Bonded Collectors, LLC d/b/a SB&C Ltd. back to the District Court with instructions to dismiss the case without prejudice for lack of jurisdiction. This case involved an FDCPA complaint…
Second Circuit Affirms Dismissal of FDCPA Suit Over Failure to Use Precise Statutory Validation Language
The Second Circuit Court of Appeals recently issued an opinion affirming the dismissal of a lawsuit because a debt collector’s failure to use the FDCPA’s precise language in its validation notice is not a violation of the FDCPA.
In Chaperon v. Sontag & Hyman, P.C., Chaperon alleged violations of 15 U.S.C. § 1692g and…
Middle District of Tennessee Finds Debt Not In Default When Placed, Grants Summary Judgment For Defendant
In a recent decision out of the Middle District of Tennessee, a medical provider’s third-party billing servicer did not qualify as a debt collector under the Fair Debt Collections Practices Act (“FDCPA”) because the debt was not in default when it was placed with the extended billing office. The issue on summary judgment was simple:…