Last week, the U.S. District Court for the Middle District of Florida rejected a defendant’s attempt to dismiss a proposed class action claiming Fair Debt Collection Practices Act (“FDCPA”) violations for charging excessive fees. The case is Brotz v. Simm Assocs., No. 6:17-cv-1603 (M.D. Fla. Oct. 15, 2018).
In its
BTI Consulting Names Troutman Sanders a ‘Standout Law Firm’ in Three Litigation Categories
Troutman Sanders LLP has been designated a “Standout Law Firm” in BTI Consulting Group’s Litigation Outlook 2019 rankings in the following three categories:
The firm is regularly recognized by BTI. According to the
On October 18, the U.S. District Court for the Western District of Washington granted a motion to compel arbitration filed by student loan servicer Navient Solutions, LLC because the arbitration provision in the promissory note signed by the plaintiff was broad enough to capture future credit reporting disputes. The case is Howard v. Navient Solutions
In Daniel v. Goodyear Tire/CBSD, 2018 U.S. App LEXIS 29345, the Sixth Circuit on October 17 affirmed the dismissal of a claim for violating the Fair Credit Reporting Act by accessing a credit report without a permissible purpose. The Court of Appeals held the claimant had failed to plead sufficient factual allegations demonstrating a
On October 18, the Northern District of Georgia issued an Order denying attempts by defendants IDT Corporation and IDT Telecom, Inc. (collectively “IDT”) to strike a putative Telephone Consumer Protection Act class on grounds established in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017). In Dennis v. IDT,
Despite two controlling decisions by the Second Circuit in Avila and Taylor, claims involving the “amount of debt” disclosure under the Fair Debt Collection Practices Act (“FDCPA”) continue to evolve thanks to the relentless efforts by the New York plaintiffs’ bar. But these permutations of the “amount of debt” claims continue to be successfully
On October 17, the Office of Information and Regulatory Affairs released the CFPB’s fall 2018 rulemaking agenda. In the preamble to the agenda, the CFPB notes that the agenda lists the regulatory matters that the agency “reasonably anticipates having under consideration during the period from October 1, 2018 to September 30, 2019.”
Implementing Statutory
On October 17, the Bureau of Consumer Financial Protection issued its Fall Rulemaking Agenda. The CFPB releases regulatory agendas twice a year in conjunction with a broader initiative led by the Office of Management and Budget to publish a Unified Agenda of Regulatory and Deregulatory actions across all agencies of the federal government.
Of particular
Citing Seventh Circuit precedent, the Eastern District of Wisconsin recently held the broad scope of the Fair Credit Reporting Act’s permissible purpose includes use that disregards an attempted restriction requested by the consumer.
In Long v. Bergstrom Victory Lane, Inc., No. 18-cv-688, 2018 WL 4829192 (E.D. Wis. Oct. 4, 2018), consumer Emily Long alleged
On Friday, October 26th, from 2 – 3 pm ET, Troutman Sanders attorneys, David Anthony, Dave Gettings and Virginia Flynn will present a webinar that will help you make sense of the shifting TCPA landscape. It will focus on the different ways courts throughout the country have addressed the interpretation of an automatic telephone dialing