On September 17, a district court judge in the Eastern District of Kentucky granted in part and denied in part a defendant debt collector’s motion to dismiss under Rule 12(b)(6) for failure to state a claim. Plaintiff Timothy Flook sued Mason, Schilling & Mason, Co., L.P.A, and one of its attorneys (collectively “MSM”), claiming that
Certified Credit & Collection Bureau (“CCCB”) sent a collection letter to Delia Rodriguez seeking payment of $29.88 for an unpaid medical debt. CCCB’s letter referred to the creditor as its “client” and did not explicitly state that the client was the creditor to whom the debt was owed.
Rodriguez brought a putative class action in
We are pleased to announce that Troutman Sanders attorney Sadia Mirza will be hosting a Celesq Webinar on October 21st at 2:00pm EDT, titled “Amendments to the CCPA: The More Things Change, The More Things Stay the Same.” Sadia will be discussing the scope of the California Consumer Privacy Act (CCPA), new rights afforded
On September 30, the District of Nevada dismissed a plaintiff’s class claim under the Telephone Consumer Protection Act but permitted her individual claim to proceed. In Whittum v. Acceptance Now West LLC, plaintiff Roxanne Whittum alleged that Acceptance Now placed multiple calls to her using an automatic telephone dialing system (“ATDS”)
The Consumer Data Industry Association (“CDIA”), a trade association whose members include the three largest consumer reporting agencies (“CRAs”), recently filed a lawsuit in Maine seeking a declaratory judgment that two recently passed credit reporting laws are preempted by the Fair Credit Reporting Act.
Earlier this year, the Maine legislature passed
In recent years there has been a dramatic increase in the number of claims brought under the Telephone Consumer Protection Act based on calls made to wrong numbers. A decision in the Northern District of Illinois indicates that such calls can also give rise to exposure under the Fair Debt Collections Practices Act.
In Kayyal
Last week, a United States District Court in Washington rejected a proposed TCPA class settlement in part because the class definition included an impermissible characterization of the disputed term of art: automatic telephone dialing system (“ATDS”). A copy of the Order is available here.
This TCPA class action involved allegations that the defendant made
Organizations preparing for the California Consumer Privacy Act have heard it and read it before — to prepare for the CCPA, all organizations, including covered “businesses” and third-party vendors, must review their vendor contracts. What is not always (or ever) explained, however, is what reviewing actually consists of and how organizations benefit from ensuring such
In Roman v. RGS Financial, Inc., No. 2:17-cv-04917-ADS-AKT (E.D.N.Y. Sept. 6, 2019), Judge Arthur D. Spatt held that RGS did not violate the Fair Debt Collection Practices Act by failing to disclose that interest, late fees, and/or other fees were accruing.
Plaintiff Stephanie Roman alleged that RGS violated the FDCPA when it sent a
The Consumer Financial Protection Bureau filed a lawsuit in the United Stated District Court for the District of Maryland against FCO Holding, Inc. and its subsidiaries, as well as Michael E. Sobota, the chief executive officer and 100% owner of FCO Holding, Inc. The Maryland debt collector entities operate collectively under the name Fair Collections