On December 12, the Tenth Circuit upheld a district court’s denial of a motion for leave to file an untimely appeal. The ruling offers poignant punctuality lessons to attorneys nationwide.
The case concerned plaintiff Emily Boscoe Chung’s allegations that defendant Timothy J. Lamb violated the Fair Debt Collection Practices Act. Three years into litigation, Chung’s
How many plaintiffs does it take to form a class action lawsuit? When it comes to satisfying Federal Rule of Civil Procedure 23(a)’s “numerosity” requirement, the traditional rule of thumb has been that 40 plaintiffs generally are enough, while 20 are too few. The range in the middle tends to be a closer call. Courts
Today, in Rotkiske v. Klemm et al., case number 18-328, the Supreme Court of the United States confirmed the one-year time limit for filing a Fair Debt Collection Practices Act (FDCPA) suit generally begins to run when the alleged violation occurs, not when it is discovered.
Citing the FDCPA’s statutory provision that claims
On November 25, the Consumer Financial Protection Bureau announced settlements with a military travel lender, its principal, and the servicer of its loans. The now defunct Edmiston Marketing, LLC, operating under the name of Easy Military Travel, provided financing to military servicemembers and their families for the purchasing of airline tickets. The CFPB determined that
On December 4, the United States Court of Appeals for the Third Circuit denied plaintiff Joanne Scanno’s attempt to obtain a larger fee award under the Fair Debt Collection Practices Act. The Third Circuit affirmed the District Court’s ruling that a reduction in the fees sought was warranted because not only
On November 5, the United States District Court for the Middle District of Florida held that allegations that a debt collector incorrectly reported a debt through a Metro 2 Format to one or more CRAs were insufficient to state a claim under the Fair Debt Collection Practices Act.
In Koehler v. Waypoint Res. Grp., LLC
Afni, Inc. won judgment on the pleadings on October 28 in a Fair Debt Collection Practices Act suit in the Southern District of Indiana. Plaintiff Karl Glass alleged that a collection letter sent to him by Afni failed to identify the current creditor to whom the debt was owed, in violation of Section 1692g(a)(2) of
On November 14, the House Financial Services Committee passed the following bills which would amend the Fair Debt Collection Practices Act and other consumer protection statutes and regulations. Next, the entire House of Representatives will consider the following bills:
We are pleased to announce that Troutman Sanders attorney David Anthony will be hosting a Receivables Managements Association International (RMAI) Webinar titled, “State Law Licensure Issues Affecting Debt Collectors” on December 11th, 2019 at 9am PST. Join David for a review of the critical role of state licensing in the debt collection industry.
This webinar
Recently, the Consumer Financial Protection Bureau, along with the states of Minnesota, North Carolina, and California, filed a lawsuit in California federal court against a student loan debt-relief operation. The CFPB alleges that the companies charged over $71 million in unlawful advance fees in connection with the marketing and sale of student loan debt-relief services