In Roman v. RGS Financial, Inc., No. 2:17-cv-04917-ADS-AKT (E.D.N.Y. Sept. 6, 2019), Judge Arthur D. Spatt held that RGS did not violate the Fair Debt Collection Practices Act by failing to disclose that interest, late fees, and/or other fees were accruing.
Plaintiff Stephanie Roman alleged that RGS violated the FDCPA when it sent a
The Consumer Financial Protection Bureau filed a lawsuit in the United Stated District Court for the District of Maryland against FCO Holding, Inc. and its subsidiaries, as well as Michael E. Sobota, the chief executive officer and 100% owner of FCO Holding, Inc. The Maryland debt collector entities operate collectively under the name Fair Collections
On September 19, the Consumer Financial Protection Bureau and the Federal Trade Commission announced they will hold a joint public workshop on December 10 related to key issues of accuracy governed by the Fair Credit Reporting Act, including those related to the accuracy of both traditional credit reports as well as employment and tenant background
We are pleased to announce that Troutman Sanders attorney Sadia Mirza will be presenting during the National Institute on Consumer Financial Services Basics held in Nashville, TN. This learning-focused conference provides experts from regulatory agencies, consumer advocacy and the consumer finance industry to give you insights into the current state of affairs, as well as
The U.S. Department of Education finalized its proposal to rescind the Obama administration’s “Borrower Defense” rule issued in November 2016, replacing it with “Institutional Accountability Regulations” (the “Regulations”) effective July 1, 2020. The Regulations will significantly change the “Borrower Defense” rule. Such changes include once again allowing pre-dispute arbitration agreements.
The Regulations will apply to
One of the most ambitious (i.e., bad) arguments ever made by a defendant in a TCPA case was rejected by the Western District of New York in Gerrard v. Acara Sol. Inc., 1:18-cv-1041, 2019 U.S. Dist. LEXIS 108038, 2019 WL 2647758 (W.D.N.Y. June 27, 2019). Acara Solutions argued their text messages with
A pro se plaintiff’s lawsuit brought pursuant to the Fair Debt Collection Practices Act was dismissed by the District of New Jersey for lack of standing in Kraft v. Phelan Hallinan Diamond & Jones, P.C., U.S. Dist. LEXIS 126323 (D. N.J. July 30, 2019). Plaintiff Warren R. Kraft inherited real estate from his deceased
On September 12, the United States Court of Appeals for the Third Circuit, in a precedential ruling, held that courts are not required to hold an in-person hearing prior to granting a government’s request to dismiss a qui tam whistleblower’s federal False Claims Act (“FCA”) or Delaware False Claims Act (“DFCA”) suit. However, the Court
Scott Kelly, an associate in Troutman Sanders’ Consumer Financial Services practice, has been selected as one of Virginia Lawyers Media’s Up & Coming Lawyers for 2019. The “Up & Coming Lawyers” awards program, now in its fourth year, recognizes lawyers across the commonwealth who are making their mark within their first 10 years of practice.
A new court decision raises important compliance issues for creditors who use an internal debt collection unit: whether separately naming the unit in a document also naming the creditor in its main business name can cause confusion, giving rise to a claim under the Fair Debt Collection Practices Act.
On September 4, a U.S. d