The United States District Court for the Northern District of Alabama ruled in favor of a debt collector in Swann v. Dynamic Recovery Solutions LLC, granting a motion to dismiss regarding a statute of limitations disclosure in a collection letter.
Plaintiff Susan Swann alleged violations of Section 1692 of the FDCPA for making false,
The Court of Appeals for the Seventh Circuit recently upheld the dismissal of a lawsuit against a debt collector for allegedly violating the Fair Debt Collection Practices Act by sending a collection letter containing an incorrect reference to the location of the debt validation disclosures required by the FDCPA. The case is O’Boyle v. Real
In what could be seen as an early holiday present to those institutions often entangled in Telephone Consumer Protection Act litigation, a district court in the Eleventh Circuit not only denied certification in a TCPA wrong number class action, but also struck down common methods used by plaintiffs to ascertain class members. Going further, the
This past November, the Department of Veterans Affairs (the “VA”) and the Federal Trade Commission signed an updated Memorandum of Agreement, which pledges ongoing efforts in the oversight and enforcement of laws pertaining to the advertising, sales, and enrollment practices of institutions of higher learning and other establishments that offer training for military education benefits
After months of negotiations, on December 12, Congress overwhelmingly passed the Agricultural Improvement Act of 2018, which is also known as the “Farm Bill.” For banks and payment processors, the Farm Bill’s passage is an important development because the bill includes language removing hemp from the list of prohibited substances under the federal Controlled
The United States District Court for the Western District of Washington recently granted a debt collector’s motion for summary judgment on a debtor’s Fair Debt Collection Practices Act claims stemming from a collection letter sent in an effort to collect on unpaid bills for medical services.
In McBroom v. Syndicated Office Systems d/b/a Central Financial
U.S. District Judge Brian R. Martinotti recently granted in part and denied in part a motion to dismiss a Telephone Consumer Protection Act class action lawsuit based on unsolicited text messages sent through an automated dialing system. The ruling illustrates the nuanced approach taken by some courts in analyzing whether individual text messages can form
The recent courtroom battle over the admissibility in a criminal trial of statements made by former Deutsche Bank AG traders to Deutsche Bank’s outside counsel during its internal investigation into misconduct involving the London Interbank Offered Rate, or Libor, shines a spotlight on a potentially recurring problem in criminal prosecutions that arise out of or
On December 17, a federal judge in the U.S. District Court for the District of New Jersey denied a motion to dismiss a lawsuit alleging that Quest Diagnostics violated the Telephone Consumer Protection Act by placing debt collection calls to an individual on her mobile device without her consent.
In his six-page opinion, Judge
Just about every week, there’s a reminder that cybersecurity remains important. But that doesn’t mean that many are taking it as seriously as they should. In the past month alone, Legaltech News has reported surveys that note how law firms are not adopting proper cyber protocols, companies haven’t mitigated third party risks, and