On September 27, the District Court for the Eastern District of New York dismissed a plaintiff’s complaint alleging violations of the Fair Debt Collection Practices Act, finding a collection letter adequately set forth the amount owed and did so in a manner that was not false, deceptive, or misleading by using safe harbor language adopted
New York Court of Appeals May Settle Statute of Limitations Issues Related to Mortgage Foreclosures
For several years now, New York courts have grappled with the issue of what constitutes revocation of the acceleration of mortgage debt. Because the Appellate Division of New York has four Departments that preside over different counties within the state, the same set of facts has resulted in different outcomes. That may change, however, when
Bifurcate and Preserve – One Court’s Practical Solution in TCPA Class Actions
It is common knowledge that class action lawsuits are expensive. And we know that many consumer class action lawsuits are filed without a proper class representative or with a class that is otherwise ill-defined, legally deficient, or unascertainable. Other purported Telephone Consumer Protection Act class action lawsuits present potentially dispositive issues from the outset, such
Rising Star: Troutman Sanders’ Virginia Bell Flynn
Virginia Bell Flynn is featured in Law360 for receiving a 2019 Rising Star Award in Consumer Protection. According to the article, which can be accessed online here, Flynn “has successfully represented health care companies in cases involving the Telephone Consumer Protection Act and has advised major settlements for her clients, such as representing Anthem
Trade Groups Seek to Have Nevada Law Declared Preempted by FCRA and ECOA
Three industry organizations filed suit against the Nevada Attorney General and the Commissioner of the Nevada Financial Institutions Division, claiming that a newly enacted Nevada law conflicts with and is preempted by federal law, including the Fair Credit Reporting Act (FCRA) and the Equal Credit Opportunity Act (ECOA). They are seeking an injunction preventing Nevada
CFPB to Create Taskforce to Examine Federal Consumer Financial Law
The Consumer Financial Protection Bureau announced on October 11 that it will establish a taskforce of industry experts to examine the legal and regulatory environment facing consumers and financial service providers. The aim of the taskforce is to harmonize, modernize, and update consumer credit laws and their implementing regulations and to identify gaps in these
California Governor Signs CCPA Amendments Into Law
On October 11, California Governor Newsom signed five amendments into law that modify the text of the California Consumer Privacy Act of 2018 (“CCPA”). These amendments were signed just one day after California Attorney General, Xavier Becerra, released the draft of the proposed regulations to the CCPA, a summary of which can be found here
California AG Releases Draft of Proposed Regulations to CCPA
The California Consumer Privacy Act (CCPA), which takes effect January 1, 2020, aims to provide California residents with greater transparency and control over how businesses collect and use their personal information. Organizations have been waiting for the California Attorney General (AG), Xavier Becerra, to adopt regulations to clarify and further the purpose and intent of
Seventh Circuit Holds the Phrase “Current Balance” is Not Misleading Under FDCPA
The Seventh Circuit Court of Appeals upheld dismissal of a consumer’s claim that the phrase “current balance” in a collection letter obscured the static nature of her debt.
Plaintiff Patricia Ann Koehn alleged that the collection letter from defendant Delta Outsource Group, Inc. falsely implied that Koehn’s static debt was subject to interest and fees
Join Us on October 16th for the CDIA Webinar: Navigating the Challenges in Today’s Litigation and Enforcement Environment
We are pleased to announce that Troutman Sanders attorney David Anthony will be hosting a Consumer Data Industry Association (CDIA) Webinar on October 16th at 2pm EST, titled “Navigating the Challenges in Today’s Litigation and Enforcement Environment.” David will be providing insight on litigation and enforcement trends throughout the consumer reporting industry.
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