In Cheatham v. Adams, a U.S. district judge in Arkansas recently granted the defendant McKendra Adams’s (Adams) motion to dismiss for lack of standing involving an alleged violation of the Fair Debt Collection Practices Act (FDCPA). In its holding, the court determined that even though defendant Adams failed to send a timely validation notice,
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
Despite overlap of alleged putative nationwide class definitions, the Judicial Panel on Multidistrict Litigation (JPML) denied Geico’s attempt to consolidate five class-action lawsuits arising from a data breach notification published in April 2021 (impacting a reported 132,000 individuals). The JPML’s decision might set a precedential limit for transfer and consolidation of smaller data breach class-action
In Bordeaux v. LTD Fin. Servs., L.P., a Third Circuit district court granted summary judgment to the defendants in a Fair Debt Collection Practices Act (FDCPA) case. In its holding, the court emphasized Third Circuit precedent that the inclusion of 1099C language in collection letters indicating that reporting to the IRS may be required
In Robinson v. Nat’l Student Clearinghouse, — F.4th — (1st Cir. 2021), a First Circuit panel unanimously affirmed the district court’s Final Approval Order, approving the class settlement in an action brought under the Fair Credit Reporting Act (FCRA). Plaintiff James Robinson filed the class action lawsuit against National Student Clearinghouse (NSC), alleging NSC
A U.S. district judge in Illinois recently denied a motion to dismiss in a class action involving an alleged violation of the Illinois’ Right of Publicity Act (IRPA). The court determined that the defendant’s arguments were more suitable for an affirmative defense and was unpersuaded by any of the arguments.
In Krause v. RocketReach LLC
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
In Tolliver v. Nat’l Credit Sys., Inc., No. 20-cv-728-jdp (W.D. Wis. Sep. 22, 2021), the Western District of Wisconsin found that the plaintiff lacked standing to assert his claims for violation of the Fair Debt Collections Practices Act (FDCPA), in which he alleged that a debt collector had failed to inform the consumer
After the District Court for the District of Oregon dismissed a Fair Credit Reporting Act (FCRA) suit filed against Fred Meyer, Inc., the Ninth Circuit Court of Appeals partially reversed, holding Fred Meyer had failed to comply with FCRA’s “standalone” requirement by providing, in good faith, an extraneous explanation of the applicant’s rights
In Friend v. CACH LLC, a district court in the Seventh Circuit dismissed a Fair Debt Collection Practices Act (FDCPA) case for lack of Article III standing. In its holding, the court emphasized that to establish Article III standing, a plaintiff must establish concrete harm that he/she would not have incurred had the debt
