In dismissing a claim against a debt collector, brought under the Fair Debt Collection Practices Act, the U.S. District Court for the Eastern District of Wisconsin found that language used by the debt collector clearly informing the consumer that interest and fees would continue to accrue on the balance did not violate the
Oregon Legislature Passes New Law Regulating Collection Activities of Debt Buyers
Oregon has become the next in a line of states to pass legislation regulating debt buyers. Oregon bill HB2356, initiated by Oregon Attorney General Ellen Rosenblum, passed both the House and Senate prior to legislative adjournment on July 7.
The bill’s new debt buyer provisions purport to ensure protections for Oregon consumers, making it
Florida District Court Dismisses Consumer’s “Current Balance” Claim
On June 30, the U.S. District Court for the Southern District of Florida dismissed a consumer’s Fair Debt Collection Practices Act “current balance” claim.
Plaintiff Heath Bryant brought an FDCPA claim against defendant Aargon Collection Agency, Inc., alleging Aargon’s collection letter was deceptive because it falsely implied that Bryant’s account balance would increase due to
Court Denies Cross Motions for Summary Judgment in Current Balance Case
On May 18, a federal judge in Missouri denied cross motions for summary judgment on the issue of whether a letter that did not inform a debtor that interest was, in fact, accruing violated the FDCPA.
In Mygatt v. Medicredit, plaintiff Timberly Mygatt incurred medical debt that was being collected by Medicredit. In order
Court Finds Lack of Attorney Meaningful Involvement Sufficient for Article III Standing
In what appears to be never-ending litigation, a New Jersey Federal District Court upheld a plaintiff’s summary judgment motion on remand from the Third Circuit Court of Appeals, holding that the defendant law firm’s lack of attorney meaningful involvement created a particularized and concrete injury sufficient for the plaintiff to maintain
IRS Debt Collector Engages in Unscrupulous Collection Practices
On June 23, several United States senators, led by Sen. Elizabeth Warren (D-Mass.), accused a debt collector of relying on unscrupulous collection practices while collecting on behalf of the Internal Revenue Service.
The IRS is owed approximately $138 billion in back taxes. To reduce the backlog of taxes owed and to supplement the agency’s internal
New Federal Appeals Court Ruling Provides Ray of Sunshine for TCPA Defendants: Contractual Consent to Receive Calls Cannot be Revoked
Lawsuits under the Telephone Consumer Protection Act (TCPA) have become the second most common form of consumer protection claim brought in federal court. Many of these lawsuits are premised on the idea that a consumer has the absolute right to revoke previously given consent to receive calls. A calling party could be subject to statutory
New Consumer Finance Lawsuits Increase in May 2017, On Pace with 2016
New data from WebRecon reflects an increase in the number of consumer finance lawsuits filed during the month of May. After a sharp decline in the number of Fair Debt Collection Practices Act, Telephone Consumer Protection Act, and Fair Credit Reporting Act lawsuits filed during the month of April, May saw a roughly 30% increase
Supreme Court Refuses to Extend the Scope of the FDCPA to Consumer Finance Company
On June 12, 2017, the United States Supreme Court rendered a unanimous decision holding that a company collecting debts that it purchased for its own account does not meet the statutory definition of “debt collector” under the Fair Debt Collection Practices Act (FDCPA) because the debts are no longer “owed or due another.” We previously
Join Us for a Complimentary Webinar: A Review of the Supreme Court’s Decision in Henson v. Santander
On Wednesday, June 21, 2017, from 4:00 – 4:30 p.m. ET, Troutman Sanders attorneys David N. Anthony and Ethan G. Ostroff will explore the Supreme Court’s unanimous decision issued on June 12, 2017 and how it may affect companies in the collection industry. This decision resolves a Circuit split on the narrow issue of whether