Last year, Sen. Mike Azinger (R-W.Va.) introduced Senate Bill 495 to the West Virginia Legislature, where it was referred to the Judiciary Committee. The bill proposed amendments to the West Virginia Consumer Credit and Protection Act, W. Va. Code § 46A-5-101, which was intended to “bring the Act in conformity with the federal Fair Debt
Last week, in Morgan v. Adventist Health Systems/Sunbelt, Inc., et al., the United States District Court for the Middle District of Florida joined a number of courts post-ACA International in holding that a telephony system must have the present capacity to randomly or sequentially generate telephone numbers in order to qualify as an
On January 9, 2020, the United States Court of Appeals for the Eleventh Circuit issued its decision in Williams v. First Advantage Lns Screening Solutions, a case watched closely by the background screening industry. In Williams, the Court affirmed a $250,000 compensatory damages award and reduced a $3.3 million punitive damages award to
We are pleased to announce that Troutman Sanders attorney Alan Wingfield will be presenting during a Stafford Webinar titled, “Bank Overdraft Fee Litigation and Regulatory Developments: Minimizing Liability Exposure” on March 11th, 2020 from 1:00-2:30pm.
This CLE webinar will provide counsel for financial institutions with an analysis of recent litigation and regulatory trends
A New York bankruptcy court recently allowed a pro se debtor to discharge over $200,000 in student loan debt, vehemently rejecting as “punitive” more recent legal authority concerning how student loan debts may be discharged in bankruptcy.
Debtor Kevin Jared Rosenberg, a New York law school graduate earning approximately $37,000 annually, filed for Chapter 7
Words matter, especially in debt collection communications. As a collector recently learned the hard way, debt collectors should attempt to use words precisely in order to comply with the Fair Debt Collections Practices Act.
In Hackler v. Tolteca Enterprises, Inc., plaintiff Sadie Hackler rented a home in Texas. After she moved out, her landlord charged
On January 3, 2020, in Buchholz v. Meyer Njus Tanick, P.A., No. 18-2261 (6th Cir. 2020), the Sixth Circuit Court of Appeals upheld the district court’s decision dismissing a complaint alleging violations of the Fair Debt Collection Practices Act on the grounds that the plaintiff lacked Article III standing. The Court found the
We are pleased to announce that Troutman Sanders’ attorneys David Anthony and Ethan Ostroff will be presenting during the RMAI Annual Conference at the Aria Resort & Casino in Las Vegas, Nevada. The RMAI Conference is the premier event for the receivables management industry. Debt buyers, originating creditors, collection agencies, law firms, brokers and affiliates
The United States Supreme Court has agreed to consider a challenge to the constitutionality of the Telephone Consumer Protection Act (TCPA). On Friday, January 10, 2020, the Supreme Court issued orders from the justices’ conference, which included an order for oral argument in Barr v. American Association of Political Consultants – a case involving a
The United States District Court for the Southern District of New York recently dismissed a Fair Debt Collection Practices Act suit with prejudice brought over disclosure language in a debt collection letter. The Court found that while certain disclosure language is included in the FDCPA, failure to include it does not necessarily give rise to