Creditors and debt collectors are often held to high standards when it comes to consumer protection laws. On December 17, however, the United States Bankruptcy Court for the Northern District of Illinois issued a Memorandum Opinion in In re: Charles V. Cook, Sr., No. 1:14-bk-36424, evincing that debtors’ counsel can be subject to
In a recent decision, the United States Court of Appeals for the Second Circuit affirmed a district court’s ruling that a defendant lender and its property preservation company did not owe the plaintiff homeowner a duty to act to prevent theft or damage to his property. The case is Malick v. JP Morgan Chase Bank
In a recent decision, the United States District Court for the Southern District of New York found that the inclusion of a collection fee in a post-default collection letter sent by a debt collection company did not violate the Fair Debt Collection Practices Act.
In Ossipova v. Pioneer Credit Recovery, Inc., et al., No.
The United States District Court for the Middle District of Pennsylvania recently held that a pro se plaintiff failed to plead facts sufficient to demonstrate that an agency relationship existed. This holding reinforced the need for specificity in Telephone Consumer Protection Act claims that allege vicarious liability.
In Robert D. Kline v. Elite Medical Laboratories
In Dancel v. Groupon, Inc., No. 19-1831 (7th Cir. Oct. 9, 2019), the Seventh Circuit split with the Eleventh Circuit regarding jurisdictional discovery to prove federal subject matter jurisdiction under the Class Action Fairness Act (“CAFA”).
This case involved a claim brought by Christine Dancel regarding the unauthorized use of Dancel’s image in Groupon
On December 20, the Ninth Circuit affirmed the Washington district court’s decision that denied Huuuge, Inc.’s bid to arbitrate a proposed class action based on a browsewrap agreement. In Wilson v. Huuuge, Inc., No. 18-36017, 2019 U.S. App. LEXIS 37952 (9th Cir. Dec. 20, 2019), the Ninth Circuit held that “because Huuuge did not
The U.S. District Court for the Middle District of Florida has awarded summary judgment in favor of a furnisher on a consumer’s claims brought under the Fair Debt Collection Practices Act. The dispute arose out of credit reporting on the account. The plaintiff asserted that the furnisher violated credit reporting standards by inaccurately identifying
On December 12, the Tenth Circuit upheld a district court’s denial of a motion for leave to file an untimely appeal. The ruling offers poignant punctuality lessons to attorneys nationwide.
The case concerned plaintiff Emily Boscoe Chung’s allegations that defendant Timothy J. Lamb violated the Fair Debt Collection Practices Act. Three years into litigation, Chung’s
On December 11, PayPal, Inc. filed suit against the Consumer Financial Protection Bureau in the United States District Court for the District of Columbia alleging that the CFPB’s Prepaid Card Rule (“the Rule”) represents a “category error” and violates the First Amendment. At issue is the applicability of the Rule to digital wallets compared to
On December 18, the Federal Trade Commission approved a settlement of claims against Alexander Nix, the former CEO of Cambridge Analytica, LLC, and Aleksandr Kogan, an app developer who worked with the company, regarding their roles in allegedly deceiving consumers in order to collect personal information for voter profiling and targeting.
The FTC’s complaint claimed