The Eastern District of Pennsylvania concluded that an admitted professional litigant stated a claim under the Telephone Consumer Protection Act when he received the defendant’s telemarketing calls on his cell phone. The determinative factor was lack of allegations and evidence that the plaintiff used the phone for the sole purpose of bringing TCPA lawsuits. A
In Henderson v. United Student Aid Funds, Inc., the Ninth Circuit recently reversed a decision by the District Court for the Southern District of California holding that a lender could not be held vicariously liable for the actions of the debt collection companies that had been hired by its loan servicer.
The plaintiff in Henderson
This week the Consumer Financial Protection Bureau announced a policy change for the agency’s Civil Investigative Demands, or “CIDs.”
The CFPB is authorized by statute to issue CIDs. These updated policy changes address what may be included in those CIDs, specifically in the “notification of purpose” section. The CFPB has stated that going forward CIDs
On April 10, Priority Payout Corporation, a payment processing company and the successor of InterBill Ltd., agreed to settle charges with the Federal Trade Commission regarding violations of a 2009 Final Judgment and Order for Permanent Injunction and Other Equitable Relief (the “2009 Order”). The 2019 settlement with the FTC bans
Distinguishing some recent cases, the U.S. District Court for the Eastern District of New York clarified that a debt collector who discloses the current amount due in an initial communication has fewer obligations under the Fair Debt Collection Practices Act than a debt collector that provides the amount due as of a future date.
Generally,
The West Virginia Supreme Court ruled against a debt collector in LTD Financial Services, L.P. v. Collins, affirming the lower court’s order granting the plaintiff’s motion for a directed verdict. Specifically, the Court ruled that the plaintiff was not required to prove intent as part of his affirmative claim and LTD Financial Services did
On April 5, the Minnesota Department of Commerce issued guidance to the motor vehicle sales finance industry intended to clarify the types of entities that meet the definition of “sales finance company” under Minnesota law. The guidance solidified the Commerce Department’s stance that companies that purchase motor vehicle retail installment contracts must obtain a motor
On April 3, the Northern District of West Virginia issued an order denying Monitronics International, Inc.’s motion for summary judgment on multiple Telephone Consumer Protection Act grounds. In re Monitronics Int’l, Inc., No. 1:13-md-02493-JPB (N.D. W.Va. April 3, 2019). Monitronics sought summary judgment, claiming there was no evidence that it was the seller under
In a comprehensive report issued last week, the American Bankruptcy Institute Commission on Consumer Bankruptcy proposed recommendations that would allow student loans to be easier to discharge in bankruptcy, citing the staggering $1.5 trillion in student loan debt held in the United States and the current difficulties with discharging this type of debt in bankruptcy.
We are pleased to announce that Troutman Sanders attorney Sadia Mirza will be presenting during the iSMG Fraud & Breach Summit in Chicago. The summit will take place at the Convene Conference Center in Chicago, Illinois. The summit will focus on security topics such as fraud and breach prevention and on many key industry verticals