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
On September 19, the Consumer Financial Protection Bureau and the Federal Trade Commission announced they will hold a joint public workshop on December 10 related to key issues of accuracy governed by the Fair Credit Reporting Act, including those related to the accuracy of both traditional credit reports as well as employment and tenant background
We are pleased to announce that Troutman Sanders attorney Sadia Mirza will be presenting during the National Institute on Consumer Financial Services Basics held in Nashville, TN. This learning-focused conference provides experts from regulatory agencies, consumer advocacy and the consumer finance industry to give you insights into the current state of affairs, as well as
The U.S. Department of Education finalized its proposal to rescind the Obama administration’s “Borrower Defense” rule issued in November 2016, replacing it with “Institutional Accountability Regulations” (the “Regulations”) effective July 1, 2020. The Regulations will significantly change the “Borrower Defense” rule. Such changes include once again allowing pre-dispute arbitration agreements.
The Regulations will apply to
One of the most ambitious (i.e., bad) arguments ever made by a defendant in a TCPA case was rejected by the Western District of New York in Gerrard v. Acara Sol. Inc., 1:18-cv-1041, 2019 U.S. Dist. LEXIS 108038, 2019 WL 2647758 (W.D.N.Y. June 27, 2019). Acara Solutions argued their text messages with
A pro se plaintiff’s lawsuit brought pursuant to the Fair Debt Collection Practices Act was dismissed by the District of New Jersey for lack of standing in Kraft v. Phelan Hallinan Diamond & Jones, P.C., U.S. Dist. LEXIS 126323 (D. N.J. July 30, 2019). Plaintiff Warren R. Kraft inherited real estate from his deceased