In an opinion issued in a case previously discussed on this blog, a federal district court has found that a California loan company violated federal law by issuing high-interest loans through a separate company based on tribal lands. The company made the loans to consumers in states where the usury law would ordinarily bar the
DISH Network Agrees to Settle Fair Credit Reporting Act Claims
DISH Network, LLC and DISH Network Service, LLC have agreed to pay $1.75 million to settle class action claims that they violated certain provisions of the Fair Credit Reporting Act related to ordering consumer reports for employment purposes. The December 4, 2012 complaint alleged that DISH required companies contracted to install DISH products to obtain …
District Court Dismisses FDCPA Action Upon Finding of Proper Validation Notice
On August 23, the U.S. District Court for the District of New Jersey dismissed an action against a collection agency on issues related to a validation notice. In Rosa v. Encore Receivable Management, Inc. et al., No. 15-cv-02311, the plaintiff alleged that the collection agency sent letters to at least 50 people in New …
Third Circuit Affirms Dismissal of Data Breach Class Action Against Benecard
The Third Circuit recently affirmed a District Court’s dismissal of a data breach class action against Benecard Services Inc. (“Benecard”).
Benecard is a prescription benefit administrative services company that provides mail and specialty drug dispensing, managed vision services, and contact lens mail order services to public and private sector organizations. The instant case arose from …
TCPA Case Dismissed in Part on Economic Damages Analysis
A plaintiff filed a complaint against an online university, alleging claims under the Telephone Consumer Protection Act and the Illinois Consumer Fraud and Deceptive Business Practices Act (“ICFA”) relating to the defendant’s alleged repeated and unsolicited calls to the plaintiff’s cell phone.
The defendant, Ashford University, LLC, allegedly called plaintiff Melissa Nelson’s cell …
Georgia Debt Collectors Banned from Debt Collection Business
In August, the United States District Court for the Northern District of Georgia entered the Federal Trade Commission’s stipulated order banning a group of debt collectors from the debt collection business and collectively fining them $4.4 million.
The FTC filed a Complaint in November 2015 against defendants National Client Services LLC, Omar Smith, and Ernest…
New York Debt Collectors Banned from Debt Collection Business
In August, the United States District Court for the Western District of New York entered the Federal Trade Commission’s stipulated order banning a group of debt collectors from engaging in collection activities and imposing $27 million in fines.
In May 2015, the FTC filed a Complaint against defendants Unified Global Group LLC; ARM WNY, LLC;…
Eleventh Circuit Dismisses FDCPA Case Against Debt Collector Based on Failure to Allege Consumer Transaction
On July 28, in a decision favorable for the collection industry, the United States Court of Appeals for the Eleventh Circuit affirmed a district court’s dismissal of an action against defendant Seattle Service Bureau, Inc., a debt collector, for claims alleged under the Fair Debt Collection Practices Act (“FDCPA”) and the Florida Consumer Collection …
U.S. District Court Rules Letter with Internal Reference Number Does Not Violate Fair Debt Collection Practices Act
A federal judge in the Eastern District of New York ruled that a debt collection company’s internal reference number, which may have been visible through a glassine envelope, did not violate the Fair Debt Collection Practices Act (“FDCPA”).
In the case, the Plaintiff, Wendy Torres Rodriguez, brought an FDCPA claim against Defendant I.C. Systems, Inc.,…
Join Us at ACI’s 16th National Forum on Prepaid Card Compliance
We are pleased to announce that Troutman Sanders partner Keith Barnett will be a featured speaker at the American Conference Institute’s 16th National Forum on Prepaid Card Compliance, taking place September 26-27 at the Intercontinental Chicago Magnificent Mile.
Keith will be a featured speaker on the panel “Legislative Activity Involving Payroll Cards; Understanding…