Monitoring the financial services industry to help companies navigate through regulatory compliance, enforcement, and litigation issues
On March 22, the United States Court of Appeals for the Second Circuit vacated a district court’s dismissal of a Fair Debt Collection Practices Act (“FDCPA”) complaint, finding instead that the plaintiffs had adequately stated a claim for relief under Section 1692e of the FDCPA.
In Avila v. Riexinger & Associates, LLC, Plaintiffs both…
The Consumer Financial Protection Bureau recently issued its annual Fair Debt Collection Practices Act (“FDCPA”) report, which provides a comprehensive overview of both the CFPB’s and Federal Trade Commission’s enforcement efforts throughout 2015. The report specifically provides a background of the debt collection market, an overview of consumer complaints, a description of the CFPB’s…
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 …
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, in addressing an issue of first impression, the United States District Court for the Eastern District of Pennsylvania held that a letter sent by a loan servicer under the Servicemembers Civil Relief Act (“SCRA”) to a borrower in default was not subject to the Fair Debt Collection Practices …
On December 11, the U.S. Supreme Court agreed to hear a case involving Ohio’s “special counsel” law under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692-1692p, a case that is likely to have much wider implications involving the standard for determining whether a debt-collection method is “false, deceptive, or misleading.”
According …
The stating of a representative’s personal name is immaterial to whether there is a meaningful disclosure of the caller’s identity as required by the Fair Debt Collection Practices Act , said the district court for the District of Oregon. In Moore v. Account Control Technology, Inc., the court granted the defendant’s motion for summary …
On October 23, Judge Katherine Polk Failla of the Southern District of New York held that a fifty-character internal tracking number visible through the glassine window of the plaintiff’s collection letter envelope fell within the benign language exception and did not violate the Fair Debt Collection Practices Act.
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,”…
On September 30, Judge Joan B. Gottschall of the Northern District of Illinois issued a decision stating that the display of a debtor’s account number through an envelope window violated the Fair Debt Collection Practices Act.
In Adkins v. Financial Recovery Services, Inc., the plaintiff filed a class action suit in Illinois on behalf …
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