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,
On November 16, the United States Court of Appeals for the Fifth Circuit issued a memorandum opinion in Crystal Davis v. Credit Bureau of the South denying counsel’s statutory attorney’s fees for a successful Fair Debt Collection Practices Act claim. The opinion—which is well worth the read—can be accessed here.
The appellant consumer, Crystal
Last month, Troutman Sanders reported on the proposed TRACED Act which would instruct the Federal Communications Commission to engage in rulemaking to protect consumers from receiving unwanted calls and text messages from unauthenticated phone numbers. FCC Chairman Ajit Pai tweeted his approval for the bill, but the FCC is not waiting on Congress to fight
On November 14, the Bureau of Consumer Financial Protection filed an amicus brief with the United States Supreme Court, arguing a law firm’s nonjudicial foreclosure actions to enforce a security interest on a mortgage debt fell outside the purview of the Fair Debt Collection Practices Act because the activity did not constitute “debt collection.”
Does a debt collector risk violating the Fair Debt Collection Practices Act if it fails to provide an oral disclosure regarding the statute of limitations during an incoming call with a consumer? In a comprehensive opinion, a district court just issued a resounding “no.”
In Douglas v. NCC Business Services, Inc., consumer
On November 20, Federal Communications Commission Chairman Ajit Pai proposed the implementation of a reassigned numbers database and a declaration that wireless providers are authorized to take measures to stop unwanted text messaging through use of autodialed text messaging (“robotext”)-blocking, anti-spoofing measures, and other anti-spam features.
Calls to reassigned numbers can be
The Minnesota Department of Commerce recently entered into a consent order with collection agency Range Credit Bureau, Inc. regarding its compliance practices.
The Commissioner found numerous regulatory and compliance infractions, including the company’s ongoing failure to file an Unclaimed Property report with the state for funds owed to a customer whom the company could not
In a recent decision, the Eleventh Circuit affirmed the Middle District of Alabama’s dismissal of a consumer’s claim under § 1692g of the Fair Debt Collection Practices Act because he failed to state a plausible claim for relief.
Among other things, § 1692 of the FDCPA requires a debt collector to “send the consumer a