The West Virginia Consumer Credit and Protection Act (“WVCCPA”) is a remedial statute designed to protect West Virginia consumers from improper debt collection. Only “consumers” have standing to file a lawsuit under the WVCCPA. The term “consumer” is defined as a natural person that owes a debt or allegedly owes a debt. But does a
The Seventh Circuit Court of Appeals has affirmed summary judgment in a recent Fair Debt Collection Practices Act case where the plaintiff alleged that a repossession company demanded payment before she would be allowed to recover personal property left in the vehicle. The Court held that the plaintiff’s testimony did not create a
Earlier this week, InsideArm identified a subtle change to the Massachusetts Attorney General’s website that may reflect an unannounced change in the regulations governing third-party collection agencies in Massachusetts. The Massachusetts Attorney General’s website now indicates the following:
The Attorney General has issued debt collection regulations that establish standards by defining unfair and deceptive acts
The states of most complaint, you ask? – California, Florida, Texas, New York, and Georgia.
In October, the Consumer Financial Protection Bureau released its Complaint Snapshot, which supplements the Consumer Response Annual Report and provides an overview of trends in consumer complaints received by the Bureau.
The Snapshot revealed that the CFPB has received 1.5
On October 23, the U.S. District Court for the Eastern District of Washington denied a defendant debt collector’s motion to dismiss a class action claim brought under the Fair Debt Collection Practices Act based on the debt collector’s alleged failure to report a debt as disputed in violation of FDCPA § 1692e(8). The Court in
On October 31, the Eastern District of Pennsylvania issued an opinion in Guzman v. HOVG, LLC, No. 18-3013, (E.D. Pa. Oct. 31, 2018), denying a debt collector’s motion to dismiss a Fair Debt Collection Practices Act-based action because the validation notice included in the collection letter did not clearly state that the debtor can
In Cooper v. Retrieval-Masters Creditors Bureau, Inc., 16 C2827, —F. Supp. 3d—, 2018 WL 2299203 (N.D. Ill. May 21, 2018), appeal filed (7th Cir. June 20, 2018), available here, plaintiff Jack Wesley Cooper alleged violations of the Fair Debt Collection Protection Act (“FDCPA”), seeking statutory and actual damages and attorneys’ fees.
At a
In a recent decision dismissing a purported class action against Zillow Group, Inc., launched by disgruntled purchasers of the company’s securities, the United States District Court for the Western District of Washington provided a remarkably thorough—and an eminently useful—distillation of the federal judiciary’s emergent application of the Real Estate Settlement Procedures Act of 1974
On October 23, the Federal Trade Commission and the New York Attorney General sued multiple New York debt collection companies for using false and deceptive tactics to collect on debts. On October 26, the United States District Court for the Western District of New York granted a temporary restraining order (“TRO”) prohibiting the defendants from
The Court in Patterson v. Peterson Enterprises, Inc., No. 2:18-cv-161-RMP (E.D. Wash. Oct. 23, 2018) recently denied a motion to dismiss seeking dismissal of a Fair Debt Collection Practices Act (“FDCPA”) claim due to the consumer plaintiff’s assertions that counterclaims in a previous collections lawsuit indicated that a debt was being disputed. The Court