On July 31, Judge J. Michael Seabright, in the District of Hawaii, denied a Defendant debt collector’s motion for summary judgment. In doing so, the Court rejected the Defendant’s argument that it could rely on an informal email from a state agency regarding compliance advice.
Previously, DNF Associates, LLC (“DNF”) had filed a lawsuit
August 19, 2020
2:00-3:00 P.M. (ET)
Enforcement of the California Consumer Privacy Act (CCPA) began July 1, 2020. Our privacy team at Troutman Pepper has identified six areas of enforcement likely to catch the California Office of the Attorney General’s (OAG) attention, which arguably holds sole enforcement authority under the Act. This webinar will focus
In a recent decision out of the Middle District of Tennessee, a medical provider’s third-party billing servicer did not qualify as a debt collector under the Fair Debt Collections Practices Act (“FDCPA”) because the debt was not in default when it was placed with the extended billing office. The issue on summary judgment was simple:
On June 29, 2020, the United State House of Representatives passed the Protecting Your Credit Act of 2020, H.R. 5332. The purpose of the bill is to “ensure that consumer reporting agencies are providing fair and accurate information reporting in consumer reports” by amending certain provisions of the Fair Credit Reporting Act (“FCRA”).
If the
Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Pepper has developed a dedicated COVID-19 Resource Center to guide clients through this unprecedented global health challenge. We regularly update this site with COVID-19 news and developments, recommendations from leading health organizations, and tools that businesses can
Enforcement of the California Consumer Privacy Act (CCPA) began July 1, 2020. Our privacy team at Troutman Pepper includes several attorneys who worked in an attorney general’s office. This privacy regulatory team has identified six areas of enforcement likely to catch the California Office of the Attorney General’s (OAG) attention, which arguably holds sole regulatory
The Middle District of Pennsylvania recently held that including line items for interest and fees in a debt collection letter when no interest or fees are sought does not violate the Fair Debt Collections Practices Act (“FDCPA”).
In Reyes v. Associated Credit Servs., No. 1:19-CV-01670 (M.D. Pa. July 6, 2020), the plaintiff received a
Earlier this month, California Attorney General Xavier Becerra and Massachusetts Attorney General Maura Healey led a group of twenty-three attorneys general in a lawsuit against the U.S. Department of Education (the “Department”) and Secretary of Education Betsy DeVos (the “Secretary”). According to a news release from the California Attorney General’s Office, the lawsuit, filed in
On July 23, 2020, the Senate unanimously passed S. 3841. This bill protects stimulus funds provided under the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) from being garnished by private debt collectors. This protection is similar to how Social Security payments are barred from garnishment. S. 3841 was first introduced by a
Does a judicial foreclosure action constitute “debt collection activity” under the Fair Debt Collection Practices Act (“FDCPA”)? The answer depends on whether the creditor attempts to recover the unpaid mortgage balance or just the property, according to the U.S. Court of Appeals for the Ninth Circuit in Barnes v. Routh Crabtree Olson, P.C.
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