In Ritchie v. Northern Leasing Systems, Plaintiff alleged twelve “myriad causes of action” ranging from civil RICO claims to federal fair credit statutes arising from Plaintiff’s lease of certain business equipment from Defendants. Plaintiff Patricia Ritchie applied for credit card processing services and a credit card machine for her business through a company called
Debt Buyers + Collectors
CFPB Budget Reform Approved By House Financial Services Committee
On April 13, the House Financial Services Committee approved a bill by a 33-20 vote that is intended to end direct funding of the CFPB by the Federal Reserve and require the Bureau to be subject to the regular congressional appropriations process. This Committee joins others in approving similar measures that would institute a variety …
Summary Judgment Granted Against Debt Collector in FTC Action
On April 7, the United States District Court for the Eastern District of Texas granted the government’s motion for summary judgment against a Texas-based third party debt collector, Commercial Recovery Systems, Inc. (“CRS”) and its president, Timothy Ford.
As previously reported, the Department of Justice, on behalf of the Federal Trade Commission, filed a…
Florida Federal Court Weighs In on TCPA and FDCPA Case
On April 6, the United States District Court for the Middle District of Florida issued a ruling on cross-motions for summary judgment in a case involving both Telephone Consumer Protection Act (“TCPA”) claims and Fair Debt Collection Practices Act (“FDCPA”) claims.
In McCaskill v. Navient Solutions, Inc., Defendant Navient Solutions, Inc., a student loan…
Second Circuit Says Debt Collectors Must Disclose Potential Interest and Fees
On March 22, the United States Court of Appeals for the Second Circuit vacated a district court’s dismissal of a Fair Debt Collection Practices Act (“FDCPA”) complaint, finding instead that the plaintiffs had adequately stated a claim for relief under Section 1692e of the FDCPA.
In Avila v. Riexinger & Associates, LLC, Plaintiffs both…
CFPB Releases Annual FDCPA Report
The Consumer Financial Protection Bureau recently issued its annual Fair Debt Collection Practices Act (“FDCPA”) report, which provides a comprehensive overview of both the CFPB’s and Federal Trade Commission’s enforcement efforts throughout 2015. The report specifically provides a background of the debt collection market, an overview of consumer complaints, a description of the CFPB’s…
FTC Warns of Bogus Payday Loan Debts
On March 21, the Federal Trade Commission issued a warning that portfolios of alleged payday loan debts serviced by AMG Services are bogus. The alleged lenders – USFastCash, 500FastCash, OneClickCash, Ameriloan, United Cash Loans, AdvantageCashServices, and StarCash Processing – never authorized, assigned, or sold any of their loans for third-party collection. Consumers may not even…
Join Us for the American Conference Institute’s 25th National Forum on Consumer Finance Class Action & Litigation
Join Troutman Sanders partner Chad Fuller for the American Conference Institute’s 25th National Forum on Consumer Finance Class Action & Litigation at the Omni Los Angeles Hotel at California Plaza on April 7-8.
The American Conference Institute has assembled an unparalleled faculty of federal and state regulatory and enforcement officials, senior in-house counsel, renowned…
District Court Gives TCPA Amendment Retroactive Effect, Benefiting Debt Collectors
In 2015, Congress amended the Telephone Consumer Protection Act to create an exemption to the statute’s autodialer restrictions for calls made solely to collect a debt owed to or guaranteed by the United States. On March 31, the United States District Court for the Northern District of California gave this amendment retroactive effect, to the…
FTC Commissioner Brill to Resign
Commissioner Julie Brill with the Federal Trade Commission recently announced that she will step down at the end of this month to enter private practice.
Brill was appointed by President Obama and sworn in on April 6, 2010. Prior to joining the FTC, Brill was the Senior Deputy Attorney General and Chief of Consumer Protection …