On September 6, the Federal Reserve published “Strategies for Improving the U.S. Payment System: Federal Reserve Next Steps in the Payments Improvement Journey,” a paper outlining the updated tactics the Federal Reserve intends to pursue to help improve the U.S. payment system. The paper follows up on the January 2015 paper entitled “Strategies for Improving
FTC and Debt Collector Agree to Defendant Leaving Debt Collection Practice
On August 24, the United States District Court for the Western District of New York entered a Stipulated Order for Permanent Injunction and Monetary Judgment against the last of a group of defendants who engaged in banned debt collection practices. The defendant, Anthony Coppola, is now barred from debt collection activities, misrepresenting material facts of
Federal District Court Sanctions CFPB for Failing to Provide Knowledgeable Deposition Witness
On August 25, 2017, the United States District Court for the Northern District of Georgia entered an order granting multiple Defendants’ consolidated motion for sanctions against the Consumer Financial Protection Bureau. Defendants’ Rule 37 motion alleged the CFPB failed to produce a knowledgeable deposition witness and also failed to follow the Court’s various orders to
New TCPA Class Action: Expansion into Service Calls
On August 29, yet another Telephone Consumer Protection Act class action was filed in the Middle District of Florida. This suit, however, is a bit different than others that we have seen.
In Gillmore v. Lokey Automotive Group, Inc., the complaint alleges that text messages sent to the plaintiff April Gillmore by an automobile dealership
FTC Charges Deceptive Debt Collectors in Intimidation Scheme; Court Enters Temporary Restraining Order
On August 21, the Federal Trade Commission charged a North Carolina debt collection operation with using deception and intimidation to collect money from consumers for debts they did not owe or that the group had no right to collect. On August 24, the District Court for the Western District of North Carolina granted a temporary
Central District of California Limits Fees in FCRA Class Action, Creates Bigger Award Pool for Class Members
On July 18, the District Court for the Central District of California granted in part and denied in part a motion for attorneys’ fees, costs, and other payments in a Fair Credit Reporting Act class action suit. The motion accompanied a proposed $400,000 settlement, with a third of the funds allocated to class counsel for
Join Us for a Complimentary Webinar on September 12: A Review of Recent Fair Housing Act Municipality Cases and other Municipality Claims
On Tuesday, September 12, from 2-3 p.m. ET, Join Troutman Sanders for a webinar discussing the recent cases brought by cities and counties against mortgage originators and servicers under the Fair Housing Act, the Supreme Court’s decision in Bank of America Corp. v. City of Miami, 581 U.S. –, 137 S.Ct. 1296 (2017),
CFPB Shuts Down Credit Repair Company for Charging Illegal Fees
A California district court approved a settlement between Prime Marketing Holdings LLC and the Consumer Financial Protection Bureau, whereby Prime Marketing agreed to pay $150,000 and be banned from offering credit repair services. The settlement was a result of the CFPB’s September 2016 suit against Prime Marketing for allegedly misleading consumers and charging
Alleged Shoddy Recordkeeping Spells Trouble for One of Nation’s Largest Student Loan Owners
On July 19, the New York Attorney General’s Office initiated an investigation into the National Collegiate Student Loan Trusts, sending subpoenas to request information on every collection lawsuit filed by National Collegiate against residents of the state. National Collegiate, one of the largest owners of private student loan debt in the nation, has been aggressively
11th Circuit Rules That Consent Under TCPA Can Be Partially Revoked
The Eleventh Circuit ruled in Schweitzer v. Comenity Bank that a consumer can verbally revoke consent to be called on her cell phone using an automatic telephone dialing system “in the morning and during the work day.” As a result, the district court improperly granted summary judgment to the bank because a jury could find