On February 12, the Third Circuit Court of Appeals issued a precedential opinion in which it found that a debt collector’s inclusion of the word “settlement” in a collection letter for a statutorily time-barred debt suggested to the least sophisticated debtor the debt was still legally enforceable could therefore constitute potential violation of the Fair
The Sixth Circuit dismissed a claim under the Fair Debt Collection Practices Act against an attorney for lack of standing because the letter sent by the debt collector could not have caused the plaintiff a cognizable injury.
In 2010, consumer plaintiffs James and Patricia Hagy defaulted on the loan payments for their mobile home, and
In addition to the hotly litigated mandatory disclosure of the “amount of the debt,” the Fair Debt Collection Practices Act also requires a seemingly straightforward statement of “the name of the creditor to whom the debt is owed” as set forth in 15 U.S.C. § 1692g(a)(2). However, even this requirement has given rise to a
On January 31, a New Jersey District Court judge found that including a toll-free telephone number in an initial validation letter sent by a collection agency did not violate the Fair Debt Collection Practices Act (“FDCPA”) and therefore granted a debt collector’s Rule 12(c) motion to dismiss.
In Riccio v. Sentry Credit, consumer plaintiff
On Tuesday, White House budget director and acting interim director of the Consumer Financial Protection Bureau, Mick Mulvaney, introduced his plan for a more tempered, data-driven, governing philosophy for the CFPB.
In a three-page memo sent to CFPB employees, Mulvaney emphasized the CFPB would continue to enforce consumer protection laws but stressed it would operate
On January 9, Georgia Attorney General Chris Carr announced a settlement with a debt collector that will wipe out $8.8 million in consumer debt.
“It is plain and simple, any debt collector that employs abusive, deceptive and illegal tactics in Georgia will be held accountable,” Carr said in announcing the settlement.
Carr alleged that the
2017 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation and forthcoming changes from the Trump Administration, Troutman Sanders is uniquely positioned to help its clients find successful resolutions and stay ahead of the compliance curve.
In this report, we share developments on consumer
On February 6-8, 2018, DBA International will host its annual conference – Play Your Best Hand – at the Aria Resort & Casino in Las Vegas.
We are pleased to announce to announce that Troutman Sanders partner David Anthony will present on a panel entitled, “De-tangling Licensing Requirements – Monitoring for Changes, License Maintenance, and
On December 14, the Consumer Financial Protection Bureau officially withdrew a proposal to conduct a web-based consumer survey on the various debt collection disclosures required by the Fair Debt Collection Practices Act. According to the accompanying Notice of Action, the proposal was withdrawn at the CFPB’s request because the “Bureau leadership would like to
On November 8, the Eastern District of New York rendered an opinion granting Credit Control Services’ motion to dismiss plaintiff Yendy Cruz’s claim. Specifically, the Court found Credit Control’s collection letter was not false or misleading under the Fair Debt Collection Practices Act because Credit Control was not including either interest or fees on its