On June 19, Maine Governor Janet T. Mills signed a new law, H.P 553 – L.D. 748, that provides relief for consumers suffering from “economic abuse.” Going into effect on September 19, 2019, the new law provides a set of procedures for debt collectors and credit reporting agencies to follow when consumers present evidence
The U.S. Court of Appeals for the Seventh Circuit recently affirmed judgment in favor of two debt collectors and against a debtor for claims arising under the Fair Debt Collection Practices Act and the Wisconsin Consumer Act (“WCA”). In its ruling, the Court held that the debtor did not create a triable issue of material
We are pleased to announce that Troutman Sanders attorney Mary Zinsner will moderate the panel entitled, “Privacy & the Digitized/ Modern Banking Experience: Protecting Consumer Privacy and Personal Data”, at the Women Leaders in Financial Services Law and Compliance Conference in New York City on September 17th, 2019 at 11:00 am.
The ACI
Some good news for debt collectors recently came out of the Sixth Circuit Court of Appeals. In Sparks v. EquityExperts.org, LLC, the Sixth Circuit affirmed summary judgment for EquityExperts.org, LLC (“Equity Experts”), rejecting the consumers’ allegations that Equity Experts violated the Fair Debt Collection Practices Act by collecting its
The Southern District of Indiana recently issued a positive decision for debt buyers and collectors defending Fair Debt Collection Practices Act lawsuits premised on a directly communicating with a consumer who had previously notified the creditor she was represented by an attorney.
In Pennell v. Global Trust Management, LLC, No. 1:18-cv-01698-JRS-DLP, 2019 U.S. Dist.
On August 27, the Central District of California denied Hyundai Motor America, Inc.’s motion to dismiss a Telephone Consumer Protection Act (“TCPA”) class action complaint filed by plaintiff June Abe. In Abe v. Hyundai Motor America, Inc., the Court rejected Hyundai’s arguments that Abe failed to allege sufficient facts to support her claims that
Last week, the Eleventh Circuit held that a plaintiff did not have Article III standing to assert claims under the Telephone Consumer Protection Act based on his alleged receipt of a single unsolicited text message. In addition to defeating the plaintiff’s individual claims, the decision has complicated his path to asserting TCPA claims for a
On November 27, 2019, a New Jersey law requiring that student loan servicers obtain a license from the New Jersey Department of Banking and Insurance will go into effect.
The new law, among other things, will require the Department to appoint a student loan ombudsman to help student loan borrowers with understanding loan agreements
We are pleased to announce that Troutman Sanders attorneys David Anthony, Cindy Hanson, Ron Raether, and Timothy St. George will be presenting during the 2019 NAPBS Annual Conference in San Antonio, TX. The NAPBS conference offers a diverse range of educational topics from global screening techniques, strategic business sessions, technology and information
On August 22, a panel of the Ninth Circuit unanimously rejected Facebook, Inc.’s petition for rehearing of the Court’s June 13 decision, which reversed the dismissal of a putative class action alleging violations of the Telephone Consumer Protection Act. This opens the door for Facebook to attempt have the Supreme Court rule on whether