On July 10, the Federal Communications Commission enacted major changes and clarifications to the Telephone Consumer Protection Act of 1991 (“TCPA”). Approved on a contentious 3-2 vote by the FCC commissioners, the FCC released its Declaratory Ruling and Order (FCC 15-72) (“the FCC’s Order”) formally stating its interpretation of numerous provisions of the
Spokeo-Based Stays Gaining Steam in Consumer Litigation
On April 27, 2015, the United States Supreme Court granted certiorari in Spokeo Inc. v. Robins to address the issue of whether Congress may confer Article III standing on a plaintiff who suffers no concrete harm by simply authorizing a private right of action based on the violation of a federal statute alone. Although the
CFPB and FTC File Joint Amicus Brief in FDCPA Case Challenging Level of “Attorney Review” Required Before Filing Debt Collection Complaint
The Consumer Financial Protection Bureau and the Federal Trade Commission jointly filed an amicus brief with the United States Court of Appeals for the Third Circuit in Bock v. Pressler & Pressler, LLP. In the case, a U.S. district court previously ruled that a debt collection law firm violated the Fair Debt Collection
FTC Announces Panel for Next Debt Collection Dialogue
The next “Debt Collection Dialogue” with the Federal Trade Commission is scheduled to occur in Dallas on September 29, 2015. It is the second of three such planned events. Representatives will discuss enforcement actions, consumer complaints, compliance issues, industry best practices, and the process for regulatory enforcement investigations and actions. The panel will include Commission
Eleventh Circuit Holds That Class Action Tolling Not Available for Subsequent Class Actions Even When First Case is Dismissed for Reasons Specific to Prior Named Plaintiff
On August 3, the Eleventh Circuit held in Ewing Industries Corporation v. Bob Wines Nursery, Inc., et al., that a proposed class action accusing a Florida nursery of sending unsolicited faxes did not suspend the statute of limitations for a later-filed proposed class action challenging that same conduct, despite the fact that the
11th Circ. Strikes Back At Untimely ‘Piggyback’ Class Actions
Suppose that you have been successful in defeating a proposed class action. The glow of success begins to fade, however, when your client is hit with another putative class action by a member of the first class. Worse yet, that second class claim looks like one that should be barred by the statute of limitations,
Debt Collection and Credit Reporting Litigation and Related Complaints to CFPB Continue to Increase; TCPA Lawsuits Decline
Fair Debt Collection Practices Act lawsuits increased 16 percent from June 2014 to June 2015, according to a report issued by WebRecon. The report also noted that FDCPA lawsuits increased from 885 to 1,129 from May to June this year. According to the report, Fair Credit Reporting Act lawsuits also increased 22.7 percent from
Senator Schumer Introduces Bill to Criminalize Certain Robocalls
On June 25, Senator Schumer of New York introduced a bill poetically titled the Act to Quell Unnecessary, Intentional, and Encroaching Telephone Calls Act of 2015 (the “QUIET Act”) that would criminalize the knowing use of telemarketing robocalls without the prior express consent of the recipient.
Under the QUIET Act, it would be illegal to
Eleventh Circuit Reinstates Class Action in Federal Court Notwithstanding State Prohibition On Class Actions Under The Statute At Issue
Although most states have consumer protection laws that provide for private rights of action, certain states also hold that such remedies cannot be invoked and pursued on behalf of a class. However, when such a case is filed in federal court, such state-based restrictions conflict with the class action mechanism that is set forth under
Eleventh Circuit Holds That the FDCPA Applies to Statement Made In Court Documents Directed to a Consumer’s Attorney
On June 30, in Miljkovic v. Shafritz and Dinkin, P.A., the United States Court of Appeals for the Eleventh Circuit held in a case of first impression that representations made by an attorney in court filings during the course of debt-collection litigation are actionable under the Fair Debt Collection Practices Act (“FDCPA”) but that