On March 19, the United States District Court for the Northern District of Illinois ruled in favor of a defendant debt collector because the plaintiff failed to submit extrinsic evidence showing an unsophisticated consumer would find the letter at issue to be misleading, false, or deceptive.
In Lemke v. Escallate, LLC, No. 1:17-cv-5234, 2019
The District Court for the Northern District of Ohio denied defendant JTM Capital Management, LLC’s motion to dismiss consumer plaintiff Carolyn Holloway’s Fair Debt Collection Practices Act complaint in Holloway v. JTM by ruling that JTM’s inquiry into Holloway’s consumer credit report qualifies as an attempt to collect a debt because JTM sought information for
The Eastern District of Texas recently adopted a report from Magistrate Judge Christine A. Nowak finding that the Court lacked personal jurisdiction over an attorney and law firm in a pro se plaintiff’s Telephone Consumer Protection Act lawsuit. The case is Cunningham v. Mark D. Guidubaldi & Assocs., 2019 U.S. Dist. LEXIS 38652 (E.D.
In light of recent challenges to the Telephone Consumer Protection Act on First Amendment grounds, a recent decision from the Middle District of Florida provides yet another clear example of the TCPA’s content-based discrimination.
The case, Gaza v. Navient Solutions LLC, No. 8:18-cv-1049, concerned calls made to a cell phone to collect a student
On March 11, the U.S. District Court for the Central District of California approved a settlement stipulation between the parties in the long-running Fair Credit Reporting Act litigation involving Spokeo, Inc. See Thomas Robins v. Spokeo, Inc., Case No. 2:10-cv-05306 (C.D. Cal.). The settlement brings an end to the dispute that led to the
Author Stephen R. Covey has written, “Management is efficiency in climbing the ladder of success; leadership determines whether the ladder is leaning against the right wall.”[1] With the first quarter in full swing, community banks are preparing proxy statements, finalizing annual meeting agendas, and marshaling items for board attention. Now is the perfect time for
The FTC issued a press release last week seeking comment on proposed changes to two rules under the Gramm-Leach-Bliley Act of 1999 (the “GLBA Act”) to increase data security for financial institutions and better protect consumers.
The Commission has sought comment on the Safeguards Rule and the Privacy Rule under the GLBA Act. The
On February 26, the Northern District of California held in Banneck v. Federal National Mortgage Association that the defendant, commonly referred to as “Fannie Mae,” was not a consumer reporting agency, or “CRA,” as defined in the Fair Credit Reporting Act, granting summary judgment in a putative nationwide class action. The lawsuit had alleged violations
A U.S. Bankruptcy Court has denied a creditor’s motion for sanctions against a law firm in the Middle District of Florida which the creditor alleged engaged in serial filings.
Lash Wilcox & Grace PL (“LW&G”), formerly known as Lash & Wilcox PL, is a law firm with a niche practice specializing in the prosecution of
On March 4, the Supreme Court granted the U.S. Solicitor General’s request to take part in oral arguments in the highly anticipated Telephone Consumer Protection Act case PDR Network LLC, et al. v. Carlton & Harris Chiropractic. The Solicitor General has requested to argue “that final orders of the Federal