On October 29, the Second Circuit Court of Appeals issued a long-awaited ruling in a Fair Debt Collection Practices Act case involving the disclosure of the amount due in a collection letter. In Derosa v. CAC Financial, the Court affirmed summary judgment in favor of the debt collector and held that, if a debt
On October 24, the Bureau of Consumer Financial Protection entered into a Consent Order with Cash Express, LLC relating to allegations it engaged in deceptive and abusive acts or practices in violation of the Consumer Financial Protection Act, codified at 12 U.S.C. §§ 5531, 5536(a)(1)(B). Pursuant to the Consent Order, Cash Express agreed to a
On October 15, the Colorado Supreme Court affirmed that state’s Court of Appeals’ decision upholding a trial court’s granting dismissal of a plaintiff’s Colorado Fair Debt Collection Practices Act (“CFDCPA”) action. The central issue in the case was whether a default judgment obtained against a tortfeasor by a law firm on behalf of its
Despite two controlling decisions by the Second Circuit in Avila and Taylor, claims involving the “amount of debt” disclosure under the Fair Debt Collection Practices Act (“FDCPA”) continue to evolve thanks to the relentless efforts by the New York plaintiffs’ bar. But these permutations of the “amount of debt” claims continue to be successfully
On October 17, the Bureau of Consumer Financial Protection issued its Fall Rulemaking Agenda. The CFPB releases regulatory agendas twice a year in conjunction with a broader initiative led by the Office of Management and Budget to publish a Unified Agenda of Regulatory and Deregulatory actions across all agencies of the federal government.
Of particular
On July 4, 2017, W. Va. Code § 46A-5-108 went into effect, requiring West Virginia consumers to send a written “Notice of Right to Cure” to a creditor or debt collector prior to instituting any action under Articles 2, 3, or 4 of the West Virginia Consumer Credit and Protection Act (the WVCCPA).
On August 16, Judge Freda L. Wolfson of the District of New Jersey ruled that a consumer plaintiff’s claim that insurance language overshadowed the required debt validation warning can proceed. In the case of Morello v. AR Resources, Inc., the named plaintiff Wayne Morello received a collection letter arising from a medical
In a case of first impression, the United States District Court for the Western District of Michigan held that direct-to-voicemail messages qualify as a “call” under the Telephone Consumer Protection Act. The Court’s opinion thus subjects another modern technology to the requirements of express consent and other strictures of the TCPA.
Defendant debt collector Dyck-O’Neal,
The Southern District of West Virginia recently held that the reporting of an account being paid through a Chapter 13 bankruptcy plan as having an outstanding balance or past due payments does not violate the Fair Credit Reporting Act.
Plaintiffs Angela and Robert Barry alleged that Farm Bureau Bank FSB continued to report their account
A recent Virginia Supreme Court decision, The Game Place, L.L.C. v. Fredericksburg 35, LLC, 813 S.E.2d 312 (Va. 2018), highlights the long-standing statutory requirement for using a deed of lease, affixing a corporate seal, or utilizing acceptable seal substitutes in long-term leases. In Game Place, the Supreme Court of Virginia ruled that a