On May 30, a district court judge in the Middle District of Georgia granted a debt collector’s motion for judgment on the pleadings, ruling that the debt collector’s “submit a dispute” statement did not overshadow the letter’s 15 U.S.C. § 1692g notice under the Fair Debt Collection Practices Act.
As required by
In Tyler v. Mirand Response Systems, Inc., the Southern District of Texas recently granted summary judgment in favor of a debt collector in a claim brought under § 1692d(5) of the Fair Debt Collection Practices Act.
Plaintiff Nina Tyler had become indebted to her bank, and the debt was transferred to Mirand Response Systems, Inc.
The U.S. Court of Appeals for the Second Circuit recently held, for a second time, that a consumer need not receive notice of a potential violation of the Fair Debt Collection Practices Act in order for the statute of limitations to start; rather, the focus remains on when the injury occurs. A copy of the
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,