On January 28, Thomas W. Thrash, Jr., the Chief Judge of the United States District Court for the Northern District of Georgia, issued four decisions on motions to dismiss in cases arising out of the Equifax data breach. Below are a few noteworthy takeaways.
Factual Background
From mid-May through the end of July 2017, hackers
On January 22, a district court in Wisconsin dismissed a debt collection action, with prejudice, on the basis that the inclusion of the current monthly payment in the “amount due now” was “not false, misleading, or confusing.” A copy of the Court’s decision can be found here.
Plaintiff Barbara Mollberg filed a complaint
2018 was a busy year in the consumer financial services world. As we navigate the continuing heavy volume of regulatory change and forthcoming developments from the Trump administration, Troutman Sanders is uniquely positioned to help its clients successfully resolve problems and stay ahead of the compliance curve.
In this report, we share developments on
All the presents have been opened.
The New Year’s Eve ball has been dropped.
We have honored Martin Luther King Day.
But our celebrations do not stop.
You see, today isn’t just a Monday.
It’s not just the first day of the week.
Today isn’t only the end to your weekend.
Or a day to
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