In a recent decision, the United States District Court for the District of New Jersey denied a consumer’s motion for summary judgment of her claims arising under the Fair Debt Collection Practices Act (“FDCPA”). The case is Estate of Wilfred C. Clements v. Apex Asset Management, LLC, No. 1:18-cv-10843-JBS-AMD (D.N.J. Mar. 25, 2019).
Defendant
Federal and state laws impose requirements for delivering documents electronically to consumers, including with respect to insurers, agents, and brokers. The federal Electronic Records and Signatures in Commerce Act (commonly referred to as “E-SIGN”) requires a consumer’s informed, affirmative consent to receive the documents electronically. But states may “reverse-preempt” E-SIGN by adopting the Uniform Electronic
The governors of Virginia and South Dakota have each signed a bill – HB 2690 and HB 1032, respectively – that moves the state’s licensing of money transmitters to the National Multistate Licensing System (“NMLS”). Both bills become effective on July 1, 2019. In addition to moving the money transmitter licensing process to NMLS,
In connection with passing New York’s 2020 Executive Budget, the state enacted sweeping new regulations on student loan servicing. Governor Andrew Cuomo previously announced the regulations in a statement saying, “The student loan servicer industry has repeatedly raised serious consumer protection concerns that need to be addressed and with this proposal, we will provide sweeping
Last week, a Ninth Circuit panel held that plaintiffs in five related cases lacked standing to pursue their FCRA claims. Specifically, the Ninth Circuit held that the allegation that a credit report contained misleading information, absent any indication that a consumer tried to engage in or was imminently planning to engage in any transactions for
On April 3, Commissioner Jessica Rosenworcel told a House subcommittee that a robocall enforcement unit should be added to the Federal Communications Commission. Highlighting that consumers receive more than 5 billion robocalls a month (up from 2 million calls a month at the beginning of the Trump administration), Rosenworcel stated that “it’s time for the
On April 3, 2019, the Strategic Hub for Innovation and Financial Technology (“FinHub”) released a framework for analyzing the application of U.S. federal securities laws to digital assets (the “Framework”).[1] At the same time, the Division of Corporation Finance (the “Division”) of U.S. Securities and Exchange Commission (the “Commission”) issued a no-action response to
On March 15, the United States Department of Justice announced a $1.59 million settlement – its largest ever – with PRG Real Estate Management for violations of the Servicemembers Civil Relief Act. The settlement resolves allegations that PRG obtained unlawful court judgments against military tenants and charged improper lease termination fees.
The SCRA provides numerous
The Northern District of Illinois recently held that, under the facts of this particular case, the “bona fide error” defense is a question of fact for a jury to decide and could not be decided on summary judgment.
Ferris v. Convergent Outsourcing Inc. involves a Fair Debt Collection P
The District Court in the Northern District of Illinois, in Spiegel v. EngageTel Inc. (N.D. Ill. Mar. 29, 2019), granted summary judgment in favor of defendants EngageTel Inc. and its principal, Dennis Carlson, on certain claims, but left a claim under the Telephone Consumer Protection Act remaining. The District Court’s decision is significant