Troutman Sanders recently secured dismissal of a lawsuit filed by a consumer in the U.S. District Court for the Northern District of Georgia, alleging the defendants violated the Fair Debt Collection Practices Act (FDCPA) by improperly adding statutory interest to a charged-off credit card debt in contravention of Georgia’s prejudgment interest statute. The District Court’s
In Horia v. Nationwide Credit & Collection, Inc., the Seventh Circuit Court of Appeals overturned a district court’s decision dismissing the plaintiff’s second FDCPA lawsuit.
Consumer plaintiff Henry Horia received separate correspondence from Nationwide Credit regarding two debts owed to two different creditors, both of which had been assigned to Nationwide Credit in
Creditors and debt collectors are often held to high standards when it comes to consumer protection laws. On December 17, however, the United States Bankruptcy Court for the Northern District of Illinois issued a Memorandum Opinion in In re: Charles V. Cook, Sr., No. 1:14-bk-36424, evincing that debtors’ counsel can be subject to
In a recent decision, the United States District Court for the Southern District of New York found that the inclusion of a collection fee in a post-default collection letter sent by a debt collection company did not violate the Fair Debt Collection Practices Act.
In Ossipova v. Pioneer Credit Recovery, Inc., et al., No.
The U.S. District Court for the Middle District of Florida has awarded summary judgment in favor of a furnisher on a consumer’s claims brought under the Fair Debt Collection Practices Act. The dispute arose out of credit reporting on the account. The plaintiff asserted that the furnisher violated credit reporting standards by inaccurately identifying
On December 12, the Tenth Circuit upheld a district court’s denial of a motion for leave to file an untimely appeal. The ruling offers poignant punctuality lessons to attorneys nationwide.
The case concerned plaintiff Emily Boscoe Chung’s allegations that defendant Timothy J. Lamb violated the Fair Debt Collection Practices Act. Three years into litigation, Chung’s
How many plaintiffs does it take to form a class action lawsuit? When it comes to satisfying Federal Rule of Civil Procedure 23(a)’s “numerosity” requirement, the traditional rule of thumb has been that 40 plaintiffs generally are enough, while 20 are too few. The range in the middle tends to be a closer call. Courts
Today, in Rotkiske v. Klemm et al., case number 18-328, the Supreme Court of the United States confirmed the one-year time limit for filing a Fair Debt Collection Practices Act (FDCPA) suit generally begins to run when the alleged violation occurs, not when it is discovered.
Citing the FDCPA’s statutory provision that claims
On December 4, the United States Court of Appeals for the Third Circuit denied plaintiff Joanne Scanno’s attempt to obtain a larger fee award under the Fair Debt Collection Practices Act. The Third Circuit affirmed the District Court’s ruling that a reduction in the fees sought was warranted because not only
On November 5, the United States District Court for the Middle District of Florida held that allegations that a debt collector incorrectly reported a debt through a Metro 2 Format to one or more CRAs were insufficient to state a claim under the Fair Debt Collection Practices Act.
In Koehler v. Waypoint Res. Grp., LLC