The United States District Court for the Northern District of Illinois recently denied a plaintiff’s motion for class certification on a Fair Debt Collection Practices Act claim, ruling that he had failed to establish that he was an adequate class representative. This decision illustrates that a plaintiff must meet all factors to certify a class
The United States District Court for the Northern District of Alabama ruled in favor of a debt collector in Swann v. Dynamic Recovery Solutions LLC, granting a motion to dismiss regarding a statute of limitations disclosure in a collection letter.
Plaintiff Susan Swann alleged violations of Section 1692 of the FDCPA for making false,
The Court of Appeals for the Seventh Circuit recently upheld the dismissal of a lawsuit against a debt collector for allegedly violating the Fair Debt Collection Practices Act by sending a collection letter containing an incorrect reference to the location of the debt validation disclosures required by the FDCPA. The case is O’Boyle v. Real
After months of negotiations, on December 12, Congress overwhelmingly passed the Agricultural Improvement Act of 2018, which is also known as the “Farm Bill.” For banks and payment processors, the Farm Bill’s passage is an important development because the bill includes language removing hemp from the list of prohibited substances under the federal Controlled
The United States District Court for the Western District of Washington recently granted a debt collector’s motion for summary judgment on a debtor’s Fair Debt Collection Practices Act claims stemming from a collection letter sent in an effort to collect on unpaid bills for medical services.
In McBroom v. Syndicated Office Systems d/b/a Central Financial
A Florida federal judge entered a judgment for over $23 million last week against Robert Guice, the alleged operator of a telemarketing scam offering debt relief services to consumers.
The lawsuit, brought by the Federal Trade Commission and the Florida Attorney General, alleged that Guice created Loyal Financial & Credit Services, LLC (“Loyal”), Life Management
A wave of lawsuits filed under the Fair Debt Collection Practices Act, especially in the Second Circuit, continues regarding disclosures of interest and fees in collection letters. Consumers have complained about failure to warn of interest and fees continuing to accrue, as well as failure to disclose that interest and fees did not accrue. The
Joining an “overwhelming majority of the courts in this district,” the United States District Court for the District of New Jersey recently held that a plaintiff alleging misleading representations in a debt collection letter under 15 U.S.C. § 1692e of the Fair Debt Collection Practices Act (“FDCPA”) demonstrated concrete injury sufficient to confer Article III
In A-1 Premium Acceptance, Inc. v. Hunter, the Missouri Supreme Court upheld the circuit court’s order denying counterclaim defendant A-1’s motion to compel arbitration because the plain language of the consumer arbitration agreement limited the arbitrator to the National Arbitration Forum (NAF). After the parties executed the arbitration agreement, NAF entered into a consent
On November 29, the Third Circuit Court of Appeals reversed a district court’s grant of summary judgment to Drexel University in a Fair Debt Collection Practices Act case brought by a former student.
In Tiene v. Law Office of J. Scott Watson PC, No. 18-1221 (3d Cir. Nov. 29,