On April 26, the United States District Court for the Southern District of Texas granted summary judgment in favor of a defendant on a Fair Debt Collection Practices Act claim regarding calls in an attempt to collect a delinquent medical debt.
In Jennifer Young v. Medicredit, Inc., the consumer
Today the Federal Register published the Notice of Proposed Rulemaking regarding updates to the Fair Debt Collection Practices Act from the Consumer Financial Protection Bureau.
The notice in the Federal Register triggers the end date of the comment period. Businesses, consumers, and other interested parties now have until August 19, 2019 to submit comments on
The United States District Court for the Northern District of Illinois denied Ralph Lauren’s motion to dismiss in favor of a recipient of text messages in Hudson v. Ralph Lauren Corp. et al. Ralph Lauren now must defend the class action suit over excessive text messages.
Plaintiff Patrick Hudson alleged Ralph Lauren violated the
On March 29, in Marshall v. Verde Energy USA, Inc., Judge John Vazquez of the United States District Court for the District of New Jersey dismissed a plaintiff’s putative class action lawsuit against Verde Energy, finding, in part, that the plaintiff failed to state a claim under the New Jersey Consumer Fraud Act (“CFA”). Marshall
The Consumer Financial Protection Bureau (CFPB) released on May 7 a 538-page Notice of Proposed Rulemaking (the Rule) that would update the Fair Debt Collection Practices Act (FDCPA). The Rule would be the first major update to the FDCPA since its enactment in 1977 and gives much-needed clarification on the bounds of federally-regulated activities of
In Abdollahzadeh v. Mandarich Law Group, LLP, the Seventh Circuit affirmed summary judgment for a debt collector under the Fair Debt Collection Practices Act, finding that its procedures to prevent the collection of a time-barred debt were reasonable enough to support a bona fide error defense.
As background,
On March 22, 2018, the Governor of West Virginia signed into law HB 3143, which amends select provisions of the West Virginia Consumer Credit Protection Act (WVCCPA). First, the Bill amends section 46A-4-101 to clarify that the licensing provisions of the WVCCPA do not apply to any “collection agency” as defined by the Collection Agency
The District Court for the Southern District of Texas recently awarded a defendant summary judgment because the defendant’s call records directly contradicted the plaintiff’s vague recollection of events. The Plaintiff in Young v. Medicredit Inc., No. H-17-3701, 2019 U.S. Dist. LEXIS 71020 (S.D. Tex. Apr. 26, 2019), asserted claims against Defendant Medicredit Inc. (“Medicredit”)
In a recently issued opinion, a federal district court judge in the Eastern District of Wisconsin found that a debt collector’s use of Seventh Circuit-approved interest and fees safe harbor language in a collection letter could constitute a false and misleading representation under the Fair Debt Collection Practices Act where the plaintiff alleged that