On April 7, the United States District Court for the Eastern District of Texas granted the government’s motion for summary judgment against a Texas-based third party debt collector, Commercial Recovery Systems, Inc. (“CRS”) and its president, Timothy Ford.

As previously reported, the Department of Justice, on behalf of the Federal Trade Commission, filed a…

In Leyse v. LifeTime Entertainment Services LLC, the district court for the Southern District of New York recently granted a defendant’s motion to enter judgment on behalf of the plaintiff upon tender to the Clerk of Court of all offered monetary damages and costs.

Plaintiff Mark Leyse brought a putative class action suit against…

Although it has been almost five months now since the United States-European Union Safe Harbor program was held invalid by a European Court, no clear solution is in immediate sight. Although a new “Privacy Shield” program was announced, whether the provisions as currently “agreed” will survive European ratification remains to be seen.

Nonetheless, it is…

On April 6, the United States District Court for the Middle District of Florida issued a ruling on cross-motions for summary judgment in a case involving both Telephone Consumer Protection Act (“TCPA”) claims and Fair Debt Collection Practices Act (“FDCPA”) claims.

In McCaskill v. Navient Solutions, Inc., Defendant Navient Solutions, Inc., a student loan…

As we previously reported, in December 2015, the FTC settled claims against Oracle that the company deceived consumers about security updates on Oracle’s Java Platform, Standard Edition software (Java SE).  The FTC’s complaint specifically alleged that, as Oracle rolled out updates to users, the software only updated the most recent version persisting on the…

On March 22, the United States Court of Appeals for the Second Circuit vacated a district court’s dismissal of a Fair Debt Collection Practices Act (“FDCPA”) complaint, finding instead that the plaintiffs had adequately stated a claim for relief under Section 1692e of the FDCPA.

In Avila v. Riexinger & Associates, LLC, Plaintiffs both…

The Sixth Circuit recently affirmed a district court’s decision that the Fair Credit Reporting Act’s statute of limitations commences upon the discovery of facts giving rise to a violation in Rocheleau v. Elder Living Construction, LLC.    

In the underlying suit, Plaintiff Richard Rocheleau alleged that Defendants Elder Living Construction, LLC and First Advantage LSN …

Judge Beth Labson Freeman for the United States District Court for the Northern District of California recently joined numerous other courts across the country in staying a putative FCRA class action pending the outcome of the Supreme Court’s decision in Spokeo Inc. v. Robins.

The underlying action in the California court challenged the defendant’s…

The Consumer Financial Protection Bureau recently issued its annual Fair Debt Collection Practices Act (“FDCPA”) report, which provides a comprehensive overview of both the CFPB’s and Federal Trade Commission’s enforcement efforts throughout 2015.  The report specifically provides a background of the debt collection market, an overview of consumer complaints, a description of the CFPB’s…

On March 21, the Federal Trade Commission issued a warning that portfolios of alleged payday loan debts serviced by AMG Services are bogus.  The alleged lenders – USFastCash, 500FastCash, OneClickCash, Ameriloan, United Cash Loans, AdvantageCashServices, and StarCash Processing – never authorized, assigned, or sold any of their loans for third-party collection.  Consumers may not even…