According to the October debt collection litigation and complaint statistics report from WebRecon, consumer litigation in October under the FDCPA, TCPA, and FCRA marked the first time since September 2011 that an increase from both the prior month and year-to-date occurred. “For the first time in several years, overall consumer litigation is up dramatically,”
FCC and FTC Continue Coordinated Efforts Through Memorandum of Understanding
On November 16, the Federal Communications Commission and the Federal Trade Commission released a memorandum of understanding designed to formalize their plans to coordinate consumer protection efforts.
The FCC is charged with regulating all interstate and international communications by radio, television, wire, satellite, and cable, while the FTC is primarily responsible for preventing unfair or
Third Circuit Mulls Over Definition of “Meaningful Attorney Involvement”
On November 10, a New Jersey debt collection law firm pressed the Third Circuit to reverse the district court’s ruling that a four-second review of a debt collection complaint does not constitute “meaningful attorney involvement.”
As we previously reported, in Bock v. Pressler & Pressler, LLP, the United States District Court for the
CFPB Revises Appeals Policy
On November 3, the Consumer Financial Protection Bureau announced that it has revised its appeals process and issued a new appeals policy. The announcement was made in conjunction with the release of the CFPB’s Fall 2015 Supervisory Highlights. According to the Bureau, the “revisions reflect experience gained in the appeals process so far, and
The FTC Coordinates with Federal, State, and Local Authorities in Nationwide Attack Against Abusive Debt Collectors
On November 4, 2015, the Federal Trade Commission (FTC), 47 State Attorneys General, and other state and local law enforcement authorities from around the country announced the first coordinated federal-state enforcement initiative targeting deceptive and abusive debt collection practices. The initiative, named Operation Collection Protection, aims to crackdown on collectors who use illegal tactics
CFPB Orders Another Auto Lender to Pay $3.28 Million to Settle Claims for Illegal Debt Collection Involving Service Members
On October 28, the Consumer Financial Protection Bureau filed an administrative consent order against Security National Automotive Acceptance Company (“SNAAC”), an Ohio auto lender specializing in loans to service members, for engaging in illegal debt collection practices. The order requires the company to refund or credit about $2.28 million to service members and other consumers
CFPB Files Lawsuit Against Nationwide Student Financial Aid Scam and Continues Crackdown on Student Financial Aid Industry
On October 29, the Consumer Financial Protection Bureau filed a complaint in the Southern District of California against Global Financial Support, Inc. and its owner and CEO, Armond Aria, for allegedly engaging in a nationwide student financial aid scam.
The Bureau claims that Defendants violated the UDAAP provisions of the Consumer Financial Protection Act when
Protecting the Attorney-Client Privilege: Companies Sue CFPB For Not Allowing Them to Attend Their Former Counsel’s Investigatory Testimony
In July 2015, several companies that were the targets of non-public Consumer Financial Protection Bureau investigations sued the Bureau after it refused to allow their current counsel to attend the Bureau’s investigative testimony of one of the companies’ former attorneys. The companies wanted one of their current attorneys to attend the testimony and assert the
Fifth Circuit: TCPA Violation Requires Connection for Prerecorded Message, But Not for Dialer
On October 20, the United States Court of Appeals for the Fifth Circuit delivered its opinion in Ybarra v. DISH Network, LLC (“DISH”), a case involving alleged violations of the Telephone Consumer Protection Act, which prohibits callers from using an automatic telephone dialer system (“ATDS”) and delivering messages with an “artificial or prerecorded voice” without
Following Oral Argument, Supreme Court Appears Split on Whether Offer of Judgment Moots Case
Does a case become moot, and thus beyond the judicial power of Article III, when the plaintiff receives an offer of complete relief on his claim? The Supreme Court is set to answer this constitutional question after hearing oral arguments in Campbell-Ewald Company v. Gomez on October 14.
As we previously reported, Gomez involves