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1
BCFP Argues Nonjudicial Foreclosure Is Not Debt Collection Under FDCPA In Amicus Brief Before U.S. Supreme Court
On November 14, the Bureau of Consumer Financial Protection filed an amicus brief with the United States Supreme Court ...
United States
7 Dec 2018
2
Fifth Circuit Affirms District Court's Decision, Awards No Fees To Plaintiff's Counsel For Successful FDCPA Claim Due To "Special Circumstances" Exception
Generally, a successful judgment for a violation of the FDCPA allows for an award of attorney's fees for the consumer's counsel.
United States
5 Dec 2018
3
They're REALLY Coming For Robocalls! FCC Releases Final Draft Proposal Designed To Reduce Robocalls
Last month, Troutman Sanders reported on the proposed TRACED Act which would instruct the Federal Communications Commission to engage in rulemaking to protect consumers from receiving unwanted calls and text messages ...
United States
5 Dec 2018
4
Debt Collector Not Obligated To Orally Disclose Expiration Of Statute Of Limitations On Time-Barred Debt
Does a debt collector risk violating the Fair Debt Collection Practices Act if it fails to provide an oral disclosure regarding the statute of limitations during an incoming call with a consumer?
United States
30 Nov 2018
5
FCC Chairman Proposes Reassigned Numbers Database And Supports Blocking Of Spam Robotexts
On November 20, Federal Communications Commission Chairman Ajit Pai proposed the implementation of a reassigned numbers database and a declaration that wireless providers are authorized to take measures to stop unwanted text messaging.
United States
30 Nov 2018
6
Virginia AG Untangles Online Lending Web And Obtains $50 Million Judgment
This swift action embodies Attorney General Mark Herring's recent effort to vigorously enforce Virginia's lending laws.
United States
30 Nov 2018
7
NexGen Student Loan Servicing: What You Need To Know
The next generation of federal student loan servicing is scheduled to debut in 2019.
United States
30 Nov 2018
8
State Attorneys General Declare Opposition To Congressional Attempts To Expand Federal Preemption
As Congress' emboldened majority has sought to lessen the federal government's regulatory footprint, the states have not always been quiet, as one summertime example amply shows.
United States
22 Nov 2018
9
They're Coming For Robocalls! Senators Unveil Bipartisan Proposal
On November 16, Sen. John Thune, the current chairman of the Senate Commerce Committee, and Ed Markey, a member of the committee and the author of the Telephone Consumer Protection Act...
United States
22 Nov 2018
10
SCOTUS To Address Impact Of FCC's TCPA Rulings On Courts
The United States Supreme Court has granted certiorari to a Telephone Consumer Protection Act (TCPA) case that could fundamentally shape the interpretation of one of the most litigated statutes in America.
United States
21 Nov 2018
11
SCOTUS To Address Impact Of FCC's TCPA Rulings On Courts
The United States Supreme Court has granted certiorari to a Telephone Consumer Protection Act case that could fundamentally shape the interpretation of one of the most litigated statutes in America.
United States
20 Nov 2018
12
Change To Massachusetts Attorney General's Website Raises Uncertainty Regarding Agency Responsible For Regulating Third-Party Debt Collectors
Earlier this week, InsideArm identified a subtle change to the Massachusetts Attorney General's website that may reflect an unannounced change in the regulations governing third-party collection agencies in Massachusetts.
United States
15 Nov 2018
13
Federal Court Shuts Door On Motion To Dismiss In FDCPA Case Based On Counterclaims In Previous Collections Lawsuit
The Court in Patterson v. Peterson Enterprises, Inc., No. 2:18-cv-161-RMP (E.D. Wash. Oct. 23, 2018) recently denied a motion to dismiss seeking dismissal of a Fair Debt Collection Practices Act.
United States
14 Nov 2018
14
Eighth Circuit Holds That Plaintiff Who Consented To Alleged FCRA Violation Lacks Standing
a recent Eighth Circuit case, the appellate court vacated the district court's orders, holding that the plaintiff lacked Article III standing to bring her Fair Credit Reporting Act claims in federal court.
United States
14 Nov 2018
15
Arbitration Compelled In FCRA Dispute: Washington Federal Court Rules In Student Loan Servicer's Favor, Citing Broad Language In Underlying Note
Troutman Sanders will continue to monitor these developments and provide any further updates as they are available.
United States
14 Nov 2018
16
Court Holds Collector Not Required To Warn About Potential Award Of Court Costs
Despite two controlling decisions by the Second Circuit in Avila and Taylor, claims involving the "amount of debt" disclosure under the Fair Debt Collection Practices Act ("FDCPA")
United States
14 Nov 2018
17
CFPB Expects To Issue Notice Of Proposed Rulemaking On FDCPA
On October 17, the Bureau of Consumer Financial Protection issued its Fall Rulemaking Agenda
United States
13 Nov 2018
18
FCRA's Permissible Purpose Is Broad Enough To Overcome Attempted Restrictions By Consumer
Citing Seventh Circuit precedent, the Eastern District of Wisconsin recently held the broad scope of the Fair Credit Reporting Act's permissible purpose includes use that disregards an attempted restriction request...
United States
13 Nov 2018
19
West Virginia's WVCCPA § 46A-5-108 Cure Statute – A Year In Review
On July 4, 2017, W. Va. Code § 46A-5-108 went into effect, requiring West Virginia consumers to send a written "Notice of Right to Cure" ...
United States
4 Oct 2018
20
Third Circuit Rejects Plaintiffs' Disclosure-Based FCRA Class Claim On Spokeo Grounds
On September 10, the Court of Appeals for the Third Circuit in Long v. Southeastern Pennsylvania Transportation Authority ruled that a group of plaintiffs lacked standing to assert claims brought under the FCRA ...
United States
2 Oct 2018
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