California court vindicates HCI (once again) as not covered by TCPA, but finds 70 calls over four months potentially harassing

A recent California decision touched upon two recurring sources of lawsuits against debt collectors: whether calls are subject to the Telephone Consumer Protection Act and whether the sheer number of calls can constitute harassment barred

On September 27, the District Court for the Eastern District of New York dismissed a plaintiff’s complaint alleging violations of the Fair Debt Collection Practices Act, finding a collection letter adequately set forth the amount owed and did so in a manner that was not false, deceptive, or misleading by using safe harbor language adopted

For several years now, New York courts have grappled with the issue of what constitutes revocation of the acceleration of mortgage debt. Because the Appellate Division of New York has four Departments that preside over different counties within the state, the same set of facts has resulted in different outcomes. That may change, however, when

It is common knowledge that class action lawsuits are expensive. And we know that many consumer class action lawsuits are filed without a proper class representative or with a class that is otherwise ill-defined, legally deficient, or unascertainable. Other purported Telephone Consumer Protection Act class action lawsuits present potentially dispositive issues from the outset, such

Three industry organizations filed suit against the Nevada Attorney General and the Commissioner of the Nevada Financial Institutions Division, claiming that a newly enacted Nevada law conflicts with and is preempted by federal law, including the Fair Credit Reporting Act (FCRA) and the Equal Credit Opportunity Act (ECOA).  They are seeking an injunction preventing Nevada

The Consumer Financial Protection Bureau announced on October 11 that it will establish a taskforce of industry experts to examine the legal and regulatory environment facing consumers and financial service providers. The aim of the taskforce is to harmonize, modernize, and update consumer credit laws and their implementing regulations and to identify gaps in these

The Seventh Circuit Court of Appeals upheld dismissal of a consumer’s claim that the phrase “current balance” in a collection letter obscured the static nature of her debt.

Plaintiff Patricia Ann Koehn alleged that the collection letter from defendant Delta Outsource Group, Inc. falsely implied that Koehn’s static debt was subject to interest and fees

We are pleased to announce that Troutman Sanders attorney David Anthony will be hosting a Consumer Data Industry Association (CDIA) Webinar on October 16th at 2pm EST, titled “Navigating the Challenges in Today’s Litigation and Enforcement Environment.” David will be providing insight on litigation and enforcement trends throughout the consumer reporting industry.

Discussion Topics

We are pleased to announce that Troutman Sanders attorneys Ron Raether and Sadia Mirza will be hosting a Receivables Managements Association International (RMAI) Webinar titled, “Getting Your Ducks in a Row for the California Consumer Privacy Act” on October 23rd, 2019 at 9am PST. During this webinar, Ron and Sadia will cover the