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Searching Content indexed under Trials & Appeals & Compensation by David Anthony ordered by Published Date Descending.
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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
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
4
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
5
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
6
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
7
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
8
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
9
Overshadowing Claim Ruled Viable In New Jersey
On August 16, Judge Freda L. Wolfson of the District of New Jersey ruled that a consumer plaintiff's claim that insurance language overshadowed the required debt validation warning can proceed.
United States
1 Oct 2018
10
ALERT For Ninth Circuit And TCPA: A System That Has The Capacity To Automatically Dial Stored Numbers Is An ATDS
On September 20, 2018, the Ninth Circuit in Marks v. Crunch San Diego, LLC (Case: 14-56834), overturned a lower court's ruling that a text messaging system ...
United States
26 Sep 2018
11
Expanding Authority: How The Virginia Attorney General Has Used The Virginia Consumer Protection Act To Augment Its Reach
The Virginia Consumer Protection Act (VCPA), Virginia Code § 59.1-196 et seq., represents the Virginia General Assembly's effort to enact a sweeping and potent remedial tool to protect consumers ...
United States
17 Sep 2018
12
DC Federal Court Dismisses FACTA Class Action On Standing Grounds
On August 3, the U.S. District Court for the District of Columbia dismissed a putative class action brought under the Fair and Accurate Credit Transactions Act ...
United States
15 Aug 2018
13
Man Bites Dog: Consumer Attorneys Required To Pay Defendant
On May 31, the Fourth Circuit Court of Appeals affirmed a $150,000 sanctions award against three consumer attorneys and their law firms for bad faith conduct and misrepresentations.
United States
12 Jun 2018
14
Nearly $160,000 Judgment Assessed Against Violator Of Virginia Consumer Protection Act
A Roanoke City Circuit Court judge recently ordered a defendant to pay nearly $160,000 to two plaintiffs for violations of the Virginia Consumer Protection Act ...
United States
8 Feb 2018
15
Federal Appellate Court Rejects Attorneys Fees-Only Class Action Settlement
In January 2013, a teenager in Australia posted a photo online showing that his "footlong" Subway sandwich was in fact only 11 inches, setting off a viral storm of consumers discovering their "footlong" sandwiches were similarly not as large as advertised.
United States
22 Sep 2017
16
Courier Service Settles Lawsuit Challenging Background Check Disclosure Form And Notices
The recent matter of Nesbitt, et al. v. Postmates Inc., Case No. CGC15547146 in the Superior Court of the State of California, County of San Francisco, demonstrates the continuing trend...
United States
4 Sep 2017
17
Illinois Federal Court Refuses To Certify TCPA Robocall Class Action Based In Part On Article III Standing
On August 15, the United States District Court for the Northern District of Illinois denied a motion for class certification in Legg v. PTZ Insurance Agency, Ltd., a putative class action under the Telephone Consumer Protection Act.
United States
4 Sep 2017
18
Spokeo Update: Ninth Circuit Holds That Plaintiff Adequately Alleged Article III Standing
On August 15, 2017, the Ninth Circuit issued its decision on remand in Spokeo, reversing and remanding the case to the District Court after finding that the named Plaintiff, Thomas Robins...
United States
23 Aug 2017
19
Debt Collector Prevails By Using Safe Harbor Language On Letters In Current Balance Case
In Boucher et al. v. Finance System of Green Bay, Inc. et al., the plaintiffs defaulted on medical debts which were placed with Finance System to collect.
United States
20 Jul 2017
20
Court Denies Cross Motions For Summary Judgment In Current Balance Case
On May 18, a federal judge in Missouri denied cross motions for summary judgment on the issue of whether a letter that did not inform a debtor that interest was, in fact, accruing violated the FDCPA.
United States
12 Jul 2017
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