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,
A new Third Circuit decision applied existing law in a straightforward way to require a disgruntled customer of a for-profit university to arbitrate claims, providing another illustration of an effective way to obtain valid agreements, including arbitration agreements, electronically.
On January 10, the Third Circuit upheld the district court’s decision in Dicent v. Kaplan University
We are pleased to announce that Troutman Sanders attorneys Jonathan Floyd and Ethan Ostroff will be presenting during the Receivables Management Association International 22nd Annual Conference at the Aria Resort & Casino in Las Vegas, Nevada. Jonathan will be on a panel speaking on, “Time- Barred Debt Collection – Compliance Strategies by Circuit,” on
In a recent opinion, the U.S. Court of Appeals for the Fifth Circuit recently confirmed that an original mortgage lender cannot be held vicariously liable for violations of the Real Estate Settlement Procedures Act (“RESPA”) regulations pertaining to loss mitigation allegedly committed by a loan servicer.
In defense to a Texas
In Thompson-Harbach v. USAA Fed. Sav. Bank, No. 15-cv-2098-CJW-KEM, 2019 U.S. Dist. LEXIS 3687 (N.D. Iowa Jan. 9, 2019), the Northern District of Iowa provided a deep dive into recent Telephone Consumer Protection Act case law and a retrospective look into Federal Communications Commission TCPA pronouncements. After its informative analysis, the Court held that
A Connecticut-based automobile finance company settled a claim by the Massachusetts Attorney General’s Office that the finance company facilitated the sale of defective vehicles by a group of Massachusetts car dealerships. As part of the settlement, Sensible Auto Lending LLC has agreed to provide debt relief in the amount of $733,925.
According to the Massachusetts
The Supreme Court has denied the petition for certiorari filed by State National Bank of Big Spring (“the Bank”) and two non-profit organizations challenging Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act, which created the Consumer Financial Protection Bureau. The Petitioners argued that the CFPB violates the Constitution’s separation of powers
On January 8, petitioner PDR Network LLC filed its opening brief in the Telephone Consumer Protection Act case before the Supreme Court that could potentially knock out TCPA litigation as we know it. As we explained here, the Supreme Court’s decision to grant certiorari in PDR Network LLC, et al. v. Carlton & Harris