Debt Buyers + Collectors

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As part of the Federal Trade Commission’s systematic review of all current FTC rules and guides, the agency recently announced a modified 10-year regulatory review schedule.  To ensure that its rules and industry guides stay relevant and are not overly burdensome, the FTC reviews them at 10-year intervals.  The review schedule is published each…

Troutman Sanders would like to share the attached favorable decision from the Eastern District of Virginia on behalf of its client, Portfolio Recovery Associates (“PRA”).  The district court recently denied plaintiff’s motion for class certification in a case alleging that PRA violated the Fair Debt Collection Practices Act by sending debt …

The Fifth Circuit recently adopted a presumption in favor of retaining federal jurisdiction under the Class Action Fairness Act (“CAFA”) and placing the burden squarely on plaintiffs who seek to remand a case based on one of CAFA’s limited exceptions.  Specifically, the Court held that “[i]f the applicability of an exception …

On February 2, the Fourth Circuit held that an arbitration agreement “may not flatly and categorically renounce the authority of the federal statutes to which it is and must remain subject.”  Because the arbitration agreement at issue sought to “avoid state and federal law and to game the entire system,” the three-judge panel concluded that …

Former FBI Director Robert Mueller stated in 2012, “[T]here are only two types of companies: those that have been hacked and those that will be.” Since then, many diverse companies (and even the federal government) have suffered this fate. Indeed, no company or entity appears immune to the potential reputational and financial risks that follow…

Debt collectors frequently rely on affidavits that attest to the validity of underlying debt in state court collection actions.  An issue that has garnered attention is the extent to which the debt collector must possess personal knowledge of the facts contained in its supporting collection affidavits.  In Janson v. Katharyn B. Davis, LLC (Case No.…

On January 15, the United States Supreme Court granted a writ of certiorari in the matter of Baker v. Microsoft Corp. on the issue of whether plaintiffs may voluntarily dismiss their suit after class certification is denied as a procedural tactic to guarantee appellate review of an unfavorable class certification decision.

Rule 23(f) allows a…

Can a debt collector leave a message for a debtor with a third party who answers the debtor’s phone?  In Halberstam v. Global Credit and Collection Corp., the District Court for the Eastern District of New York answered in the negative, holding that such action violated the Fair Debt Collection Practices Act (“FDCPA”).…

On December 17, Judge Christina Snyder of the United States District Court for the Central District of California granted a motion to stay a lawsuit under the Telephone Consumer Protection Act (“TCPA”) by Defendant Time Warner Cable (“TWC”).  The Court granted the motion pending the District of Columbia Circuit Court of Appeals’ decision in ACA …