On October 22, the Court of Appeals for the Fifth Circuit issued a ruling in Crocker v. Navient Solutions that could have mixed consequences for student loan borrowers and creditors alike. The Court determined that a bankruptcy court lacks the authority to enforce discharge injunctions issued by bankruptcy courts in other districts. It also ruled,
On October 28, the parties to a Telephone Consumer Protection Act class action lawsuit pending in the Southern District of Florida reached a $6 million settlement. The settlement agreement resolves the lawsuit filed by Brian Keim against Pizza Hut, LLC and multiple franchisees in which Keim alleged that he and a class of individuals
In August 2017, the Consumer Financial Protection Bureau issued a Civil Investigative Demand (“CID”) to Libre by Nexus, Inc. and Nexus Services, Inc. (collectively, “Nexus”) seeking documents and information to investigate whether the companies were engaging in any unfair or deceptive business practices prohibited by the Consumer Financial
In Kinnick v. Med-1 Solutions, LLC, the District Court for the Southern District of Indiana found that sending a collection letter to a bankruptcy debtor provided that debtor with standing to file a claim based on the Fair Debt Collection Practices Act against the creditor outside of the bankruptcy case. For a creditor,
On September 19, the Stop Debt Collection Abuse Act of 2019 was introduced by Reps. Emanuel Cleaver (D-Mo.) and French Hill (R-Ark.) in the House and Sens. Cory Booker (D-N.J.) and Mike Lee (R-Utah) in the Senate. This is the third iteration of the proposed bill, which was previously introduced in November 2015 and March
A California district court issued a ruling in a debt collection-related Telephone Consumer Protection Act case that clarifies whether a debtor with multiple accounts revokes consent for all of those accounts when speaking to a creditor or collector about just one of the accounts.
The case, Henry Mendoza v. Allied Interstate LLC, et al.,
We are pleased to announce that Troutman Sanders attorney Sadia Mirza will be presenting during the Association of Continuity Professionals (ACP) Orange County Chapter Meeting. The meeting will be held at the American Red Cross in Santa Ana, California on Wednesday, November 13th from 12:00pm – 3:00pm PT.
Sadia will be presenting on the
On October 7, California Governor Gavin Newsome signed SB 616 into law. This new law, which goes into effect on September 1, 2020, includes changes to California law regarding garnishments. SB 616 amends California Code of Civil Procedure (CCCP) § 699.520, revising requirements for a writ of execution. The content of a notice of
In recent years, insureds have filed an increasing number of lawsuits against healthcare payors challenging their decision to deny coverage for “wilderness therapy”— a form of residential mental and behavioral health treatment involving therapy provided in a non-traditional outdoor or natural settling. Over the past decade, it has become an increasingly popular treatment option for
The Fair Debt Collection Practices Act requires a debt collector to inform consumers of the “name of the creditor to whom the debt is owed” within five days after its initial communication with a consumer regarding a debt. 15 U.S.C. § 1692g(a). And § 1692e(10) prohibits the use of any “false representation or deceptive means