A district court judge in California has certified a FDCPA letter class involving billing and collection letters sent by a collection company used by Hertz car rental agency. The plaintiff in DeNicolo v. Hertz Corp. alleges that the letters, sent to consumers after Hertz allegedly discovered damage to the returned rental cars, were attempts
In Tinsley v. Fairway Collections, LLC, the Western District of Washington recently issued an opinion finding that dismissal of a consumer’s FDCPA claim was not warranted because she alleged not owing the underlying debt at the time a collection lawsuit was filed against her. The court also found that a consumer does not need
In a panel decision on April 21, the Eleventh Circuit held that (1) a consumer had standing to bring a claim under the Fair Debt Collection Practices Act (FDCPA) because he alleged an invasion of privacy based on the spread of his debt-related information; and (2) a debt collector’s outsourcing of its letter process to
In Shepherd v. Debt Recovery Sols. of Ohio, Inc., No. 3:20-cv-520 (N.D. Ohio Apr. 22, 2021), the court dismissed a putative class action alleging violations of the Fair Debt Collections Practices Act, finding that the named plaintiff had not suffered a concrete injury, and therefore, he lacked standing to assert a claim.
The plaintiff,
In Uvaldo v. Germain Law Office PLC, an Arizona District Court denied a plaintiff’s motion for partial judgment on the pleadings in a Fair Debt Collection Practices Act case. In its holding, the court emphasized that the expectation that a car purchaser would read a collection letter and know that he/she is a “consumer”
In Nyanhongo v. Credit Collections Servs., the Eastern District of Pennsylvania held that the display of “data symbols similar to a” quick response code (QR Code), without more, was insufficient to establish Article III standing.
In March 2020, Credit Collections Services mailed Tatenda Nyanhongo a collection letter. The outside of the envelope displayed the
In Hopkins v. Collecto, Inc., the Third Circuit Court of Appeals affirmed the dismissal of a putative class-action complaint, alleging that by itemizing interest and collection fees for a “static debt,” the letter violated the Fair Debt Collection Practices Act (FDCPA) by falsely implying that interest and fees could accrue and thereby increase the
On April 6, the Consumer Financial Protection Bureau (CFPB) issued a consent order against California-based debt collector Yorba Capital Management LLC and its sole owner Daniel Portilla, Jr. for violating the Consumer Financial Protection Act and the Fair Debt Collection Practices Act. The consent order permanently bans Yorba and Portilla from the debt collection business
In Moyer v. Patenaude & Felix, A.P.C., the Third Circuit Court of Appeals affirmed the dismissal of a putative class action complaint, alleging that including an invitation to call the debt collector to “eliminate further collection action” was deceptive and overshadowed the validation notice requiring disputes to be in writing in violation of the
On March 31, the Consumer Financial Protection Bureau (CFPB or Bureau) announced it is rescinding its April 1, 2020 policy statement regarding the Fair Credit Reporting Act (FCRA) and Regulation V following the enactment of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). This recission is effective April 1.
Background
On March 27,