Plaintiff Yvette Palmer filed a Fair Debt Collection Practices Act case against defendant debt collector, Enhanced Recovery Company (“ERC”), for ERC’s alleged concealment of its identity as a debt collector while attempting to collect a debt and to obtain information to collect debt. ERC filed a motion for summary judgment, arguing
FTC Issues Letter to CFPB on 2016 Debt Collection Efforts
On February 13, the Federal Trade Commission sent a letter to Consumer Financial Protection Bureau director Richard Cordray summarizing its 2016 debt collection activities for inclusion in the CFPB’s annual report to Congress on the Fair Debt Collection Practices Act.
In its letter, the FTC describes “its aggressive law enforcement activities against abusive, unfair, and
Ninth Circuit Affirms Summary Judgment in Favor of Defendants in TCPA Text Messaging Case
The Ninth Circuit recently affirmed the district court’s grant of summary judgment in favor of the defendants in an action under the Telephone Consumer Protection Act regarding text messages about a gym membership.
In Van Patten v. Vertical Fitness Group, LLC, Plaintiff-Appellant Bradley Van Patten visited a Gold’s Gym franchise to obtain information about
Court Denies Background Screener’s Spokeo Motion Related to Address History Reporting
On February 13, a judge in the United States District Court for the Southern District of New York denied a background screening company’s motion to dismiss a putative Fair Credit Reporting Act class action on the basis of the Supreme Court’s holding in Spokeo v. Robins, 136 S. Ct. 1540 (2016). As has been
Validation Notice Including Request for Payment and Identifying Creditor by Acronym Does Not Violate FDCPA
The United States District Court for the Southern District of California recently dismissed all of a plaintiff’s claims in the putative class action Matthew Stuppiello v. Southwest Credit Systems, L.P. The Court held that a validation notice does not violate the Fair Debt Collection Practices Act by including a request for payment “and explain[ing]
CFPB Orders MasterCard and UniRush to Pay $13 Million
On February 1, the Consumer Financial Protection Bureau ordered payment card companies MasterCard and UniRush to pay $10 million in restitution and a $3 million fine related to service breakdowns that left customers unable to access their funds. “MasterCard and UniRush’s failures cut off tens of thousands
Virginia AG and CFPB Settle with Virginia Pawnbroker
In early February, Virginia Attorney General Mark Herring and the Consumer Financial Protection Bureau announced that the agencies had reached a settlement with Woodbridge Coins and Jewelry Exchange, Inc. d/b/a Woodbridge Gold & Pawn (“Woodbridge Pawn”) to provide $56,763.60 in refunds to approximately 1,000 consumers. The CFPB and the AG’s Office alleged that the business
Washington Court Orders 5-Hour Energy To Pay $4.3M For Deceptive Ads in AG Suit
On February 7, Living Essentials LLC and Innovative Ventures LLC, the makers of 5-Hour Energy were ordered to pay nearly $4.3 million in penalties and attorneys’ fees and costs after a Washington State court found the makers deceived consumers with misleading claims regarding things like the effectiveness of the flavored energy shots.
Living Essentials
FTC and NJ AG Announce Settlement with Vizio over Collecting Consumer Viewing Habits
On February 6, the FTC and the New Jersey Office of the Attorney General announced a $2.2 million settlement with Vizio, Inc. over allegations the TV manufacturer installed software on its TVs to collect viewing data on 11 million consumers without their knowledge or consent.
According to the complaint, Vizio manufactured smart
First Defendant Prosecuted Under New Arizona Telemarketing Law Pleads Guilty
On January 18, Lukeroy Rose, owner of Phoenix-based Rose Marketing LLC, pled guilty pursuant to a plea agreement to charges of theft, unlawful telephone solicitations, and conspiracy to commit theft. Rose was arrested in December 2016 pursuant to the newly amended Arizona Telephone Solicitations statute, Ariz. Rev. Stat. § 44-1277, which makes it a Class