The Consumer Financial Protection Bureau and the Federal Trade Commission jointly filed an amicus brief with the United States Court of Appeals for the Third Circuit in Bock v. Pressler & Pressler, LLP. In the case, a U.S. district court previously ruled that a debt collection law firm violated the Fair Debt Collection
On August 6, the United States Court of Appeals for the Fourth Circuit affirmed a federal district court decision invalidating South Carolina’s statute banning automated calls for commercial or political purposes. The statute, enacted in 1991, restricted unsolicited automated calls “made for consumer, political, or other purposes.” All qualifying automated calls were prohibited with
The FTC announced the federal and state regulators attending its second “Debt Collection Dialogue” in Dallas will be answering questions from industry members and others who attend the event, including questions about how regulatory enforcement actions are investigated and pursued.
Questions for the FTC and panelists may be submitted by email to questions-debtcollectiondialogue-dallas@ftc.gov,
The next “Debt Collection Dialogue” with the Federal Trade Commission is scheduled to occur in Dallas on September 29, 2015. It is the second of three such planned events. Representatives will discuss enforcement actions, consumer complaints, compliance issues, industry best practices, and the process for regulatory enforcement investigations and actions. The panel will include Commission
The Consumer Financial Protection Bureau sent a questionnaire with almost 60 questions to randomly selected debt collectors and service providers as part of its potential rulemaking regarding debt collection, a process that began almost two years ago.
The CFPB received 23,000 comments in response to its Advance Notice of Proposed Rulemaking (ANPR) for debt collectors,
On August 3, the Eleventh Circuit held in Ewing Industries Corporation v. Bob Wines Nursery, Inc., et al., that a proposed class action accusing a Florida nursery of sending unsolicited faxes did not suspend the statute of limitations for a later-filed proposed class action challenging that same conduct, despite the fact that the
Suppose that you have been successful in defeating a proposed class action. The glow of success begins to fade, however, when your client is hit with another putative class action by a member of the first class. Worse yet, that second class claim looks like one that should be barred by the statute of limitations,
Over the past two weeks, two separate federal district courts in New York held that having a consumer’s account number visible on the outside of an envelope containing letters from debt collection agencies does not, by itself, violate the FDCPA. In these cases, both Judge Colleen McMahon and Judge John Curtin, of the Southern
On July 14, the U.S. District Court for the Eastern District of Missouri granted United Collection Bureau’s motion for summary judgment in an individual action brought under the Fair Debt Collection Practices Act. Troutman Sanders served as counsel for UCB in this matter. See Martin v. United Collection Bureau, Inc., No. 4:14cv804-JAR, 2015 U.S.
As previously reported, a federal judge in Atlanta denied a law firm’s motion to dismiss a claim against it filed by the Consumer Financial Protection Bureau for violations of the Fair Debt Collection Practices Act and the Consumer Financial Protection Act or the Dodd-Frank Act. On July 27, Frederick J. Hanna & Associates filed