A law firm not specializing in debt collection activity is not a “debt collector” under the Fair Debt Collection Practices Act because it was not “regularly” engaged in debt collection, according to the U.S. Court of Appeals for the Fifth Circuit.  The case is Reyes v. Steeg Law.

Plaintiff Nicole Reyes filed a class

In a concise opinion, the U.S. District Court for the Northern District of Illinois recently held that a dunning letter did not violate the Fair Debt Collection Practices Act requirement to state “the amount of the debt,” despite omitting safe harbor language recommended by the Seventh Circuit.  

In Tena

On January 15, amicus briefs were filed in the much awaited Telephone Consumer Protection Act (“TCPA”) case currently before the Supreme Court, PDR Network LLC, et al. v. Carlton & Harris Chiropractic.  Following filing of PDR Network’s opening brief, which we discussed here, four amici filed briefs: State and Local Government Associations;

Last week, Navient Corp., the nation’s largest student loan servicer, moved for summary judgment on two enforcement claims brought against it by the Consumer Financial Protection Bureau alleging that Navient engaged in abusive and unfair practices under the Consumer Financial Protection Act.   

In January 2017, the CFPB filed an enforcement action in the U.S.

On January 16, the U.S. District Court for the Eastern District of Michigan denied a motion to dismiss a plaintiff’s Fair Credit Reporting Act claims on statute of limitations grounds, taking a strict interpretation of the complaint’s allegations as to the plaintiff’s discovery of facts underlying her claims.  A copy of the decision in Blake

The Federal Communications Commission will have to decide whether or how it will hold its January 30 monthly public meeting if the government shutdown lasts through the end of the month. 

The Communications Act requires that “meetings of the commission shall be held at regular intervals, not less frequently once each calendar month,” and

The United States Court of Appeals for the Sixth Circuit has issued an opinion that sheds light on whether foreclosure proceedings constitute debt collection.  In Scott v. Trott Law, P.C., the Court held that under the Fair Debt Collection Practices Act, a debt collector had a duty to ensure that foreclosure proceedings were stopped

On Wednesday, January 30th, from 2 – 3 pm ET, Troutman Sanders attorney, Cindy Hanson will be a presenter through a webinar held by PLUS Virtual Education. The webinar is called, “Employer Liability,” and will focus on exploring employer’s liability under the Fair Credit Reporting Act (FCRA) and provide an update on legal developments and

In a recent decision, the United States District Court for the Northern District of Illinois granted a debt collector’s motion to dismiss a debtor’s breach of contract claim in a putative class action, leaving for adjudication the debtor’s claims under the Fair Debt Collection Practices Act (“FDCPA”).  The case is Burdette-Miller v. Williams & Fudge,