Debt Buyers + Collectors

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In one of the largest settlements in history under the Telephone Consumer Protection Act (“TCPA”), Sirius XM Radio Inc. agreed to pay $35 million to resolve putative class actions filed throughout the country alleging that it had used an automatic telephone dialing system to engage in telemarketing to trial users of its satellite radio service…

On June 20, the U.S. District Court for the Eastern District of New York granted a creditor’s motion for summary judgment in an action brought pursuant to the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act. 

In Reyes, Jr. v. Lincoln Automotive Financial Services, the plaintiff leased a new …

Law360, New York (June 30, 2016, 4:42 PM ET) —

The Eighth Circuit’s recent ruling in Sandusky Wellness Center LLC v. Medtox Scientific Inc. on ascertainability deepened a circuit split on one of the most important and challenging class certification issues. Until theU.S. Supreme Court resolves the split, the legal standard for ascertainability…

In a new class action complaint filed in U.S. District Court for the District of Columbia, a Nevada man says that Fannie Mae illegally inquired into his consumer credit information.

According to the complaint in Bailey v. Federal National Mortgage Association (“Fannie Mae”), Plaintiff had a home mortgage that was transferred to Fannie Mae.  Plaintiff…

In Bock v. Pressler & Pressler, LLP, the U.S. Court of Appeals for the Third Circuit requested supplemental briefs applying Spokeo, Inc. v. Robins to the Article III standing issue at bar. As we previously reported, the Court requested targeted discussion on whether a violation of the statutory right at issue was by…

In Bishop v. Ross Earle & Bonan, P.A., the defendant debt collectors sent a debt collection letter to the plaintiff’s attorney.  The letter failed to inform the plaintiff that she must dispute the debt “in writing,” as required by § 1692g of the Fair Debt Collection Practices Act (“FDCPA”).  The plaintiff filed suit against…

Before the Third Circuit addresses whether a four-second review of a debt collection complaint constitutes “meaningful attorney involvement” under the Fair Debt Collection Practices Act (FDCPA), the appellate court will first decide the potential implications of the Supreme Court’s recent decision in Spokeo, Inc. v. Robins.

As we previously reported, Pressler & Pressler…

On June 9, Representative Matt Salmon (R-AZ) introduced legislation to impose new requirements on how the Consumer Financial Protection Bureau makes consumer complaints public in the Consumer Complaint Database. According to Salmon, the Consumer Financial Protection Bureau (“CFPB”) Data Accountability Act “would improve the current database by requiring the CFPB to verify the…

We are pleased to announce that Troutman Sanders partner John Lynch will be a featured speaker at the American Conference Institute’s 26th National Conference on Consumer Finance Class Actions & Litigation on July 29, 2016 at the Omni Chicago Hotel.

John will participate in a panel entitled, “The Telephone Consumer Protection Act (TCPA): Litigation…

On May 16, 2016, the Supreme Court issued its highly anticipated decision in Spokeo, Inc. v. Robins. In Spokeo, the Court addressed the issue of whether the Plaintiff alleged a sufficient injury-in-fact to satisfy Article III standing requirements. The case was ultimately vacated and remanded based on the Ninth Circuit’s failure to address…