On January 13, the Eighth Circuit Court of Appeals overturned the District Court’s grant of class certification in a case where plaintiffs allege violation of the Fair Debt Collection Practices Act. In Powers v. Credit Management Services, the defendant filed standard-form complaints and discovery requests against the plaintiffs in state court to collect past
GAO Releases Annual Report on Dodd-Frank Regulations
Last month, the Government Accountability Office (GAO) released its annual report on financial services regulations entitled “Dodd-Frank Regulations: Regulators’ Analytical and Coordination Efforts.”
According to this report, federal financial regulators— Consumer Financial Protection Bureau, Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation, Office of the Comptroller of the Currency, National Credit
Filing Time-Barred Proof of Claim May Have FDCPA Implications
On December 8, the Southern District of Indiana released a decision relating to the interplay between the Fair Debt Collection Practices Act and bankruptcy. In Grandidier v. Quantum3 Group, LLC, the District Court denied a motion to dismiss a plaintiff’s complaint relating to the supposed filing of a time-barred proof of claim in the
Colorado’s Attorney General is Busy Making Things “Rocky” for Certain Foreclosure Law Firms
As part of a recent investigation and clean-up of that state’s foreclosure industry, Colorado’s Attorney General John Suthers has filed two more lawsuits against in-state foreclosure law firms, alleging fraud and violations of state consumer protection laws. These lawsuits close out a busy 2014, in which other similar civil lawsuits were filed by Colorado’s AG,
Fourth Circuit Holds Filing an Assignment of Judgment Qualifies as Action Taken in Connection with Collection of a Debt
In Powell v. Palisades Acquisition XVI, LLC, the Fourth Circuit Court of Appeals held that the filing of an assignment of judgment in a debt collection action qualifies as debt collection activity that triggers the requirements of the Fair Debt Collection Practices Act (“FDCPA”). In so holding, the Fourth Circuit overturned the decision of
Dish Network Gets Served: An Illinois Court Finds Massive Exposure for Violations of Telemarketing and Do-Not-Call Restrictions
On December 12, 2014, an Illinois federal judge found Dish Network LLC liable for participating in millions of unwanted telemarketing sales calls, where Dish Network could be subject to penalties exceeding $1 billion. Specifically, the District Court for the Central District of Illinois issued an opinion in United States of America v. Dish Network LLC
Seventh Circuit Affirms Dismissal of FDCPA Lawsuit Under The Rooker-Feldman Doctrine
In Harold v. Steel, the United States Court of Appeals for the Seventh Circuit affirmed dismissal of a Fair Debt Collection Practices Act (FDCPA) suit based on the Rooker-Feldman doctrine. In the case, a small claims court in Marion County, Indiana, entered a judgment against Kevin Harold for a little more than $1,000. He
Ohio Court Holds That Cell Phone Subscriber Who Never Received Unwanted Call Has Standing to Sue Under the TCPA
In the latest of a series of “whodunit” cases, the United States District Court for the Southern District of Ohio held that a subscriber who did not answer a single call that allegedly violated the Telephone Consumer Protection Act still had standing to sue under the statute. In Maraan v. Dish Network LLC (Civil Action
CFPB Requires Major Credit Reporting Agencies to Inform on Furnishers
On December 11, 2014, the Consumer Financial Protection Bureau (CFPB) issued a report and announced that it will be requiring major credit reporting agencies (CRAs) to provide regular reports to the CFPB identifying, by name, potentially problematic furnishers of information. In other words, the CFPB will be co-opting the major CRAs into helping the CFPB
CFPB Issues Warning to Consumers and Springs Into Action Against Student Debt Relief Scams
On December 11, the Consumer Financial Protection Bureau issued an advisory warning to consumers about student loan debt relief companies. While the CFPB warns all student borrowers, in distress or otherwise, to steer clear of companies with aggressive marketing tactics that make promises that they can save student borrowers thousands of dollars on student loan