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1
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
2
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
3
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
4
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
5
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
6
Democrat Senators Seek Amendment Of FCRA, FDCPA For Medical Debts
Further, medical debt that has been settled or paid off would be required to be removed from a person's credit report within 45 days of payment or settlement.
United States
10 Sep 2018
7
Supreme Court Of California Affirms Constitutionality Of State's Investigative Consumer Reporting Agencies Act In Connor v. First Student, Inc.
On August 20, 2018, the Supreme Court of California issued its long-awaited order in Connor v. First Student, Inc. finding the state's Investigative Consumer Reporting Agencies Act was not unconstitutionally vague ...
United States
30 Aug 2018
8
Federal Court Finds That Listing "Creditor" Under Commonly-Used Moniker Complies With FDCPA
In particular, such claims exploit the difference between the creditors' official business names and their "doing business as," or commonly-used, names and acronyms.
United States
28 Feb 2018
9
Nothing Goofy About This Ruling: Judge Issues Common Sense Decision Granting Disney Summary Judgment On FCRA Class Claim
In Culberson v. Walt Disney Parks and Resorts, the Culbersons brought a class action lawsuit against Disney under the Fair Credit Reporting Act ("FCRA").
United States
23 Feb 2018
10
CFPB Announces Subdued Enforcement In 2018-22 Strategic Plan
On February 12, 2018, the Consumer Financial Protection Bureau ("CFPB") released its strategic plan for 2018 through 2022.
United States
20 Feb 2018
11
Bill To Cap FCRA Liability Gets Hearing Before Congressional Subcommittee
This past May, Rep. Barry Loudermilk (R-Ga.) introduced H.R. 2359, the FCRA Liability Harmonization Act, which would cap class action damages in Fair Credit Reporting Act claims at $500,000 or one percent of...
United States
2 Oct 2017
12
CFPB Shuts Down Credit Repair Company For Charging Illegal Fees
A California district court approved a settlement between Prime Marketing Holdings LLC and the Consumer Financial Protection Bureau, whereby Prime Marketing agreed to pay $150,000 and...
United States
26 Sep 2017
13
Ninth Circuit Upholds $430,000 Jury Verdict In FCRA Case Against Auto Finance Company
The Ninth Circuit upheld a $430,000 jury verdict on a Fair Credit Reporting Act claim related to an auto finance company's alleged failure to investigate an identity theft claim.
United States
26 Sep 2017
14
Federal Appellate Court Affirms Dismissal Of Putative FCRA Class Action
On August 24, the United States Court of Appeals for the Eleventh Circuit affirmed the dismissal of a putative class action against TransUnion on the basis that it failed to allege a plausible claim...
United States
25 Sep 2017
15
NY And NJ Render Conflicting FDCPA Decisions Involving Credit Repair Companies
Two recent decisions from the Southern District of New York and the District of New Jersey have expressly disagreed about a credit repair company's dispute of a debt on behalf of a consumer in two Fair Debt Collection Practices Act cases.
United States
22 Sep 2017
16
A Practical Approach To Defending Fair Credit Reporting Act Class Actions In Federal Court
Partners Timothy St. George and David Anthony coauthored a byline published in Business Law Today titled, "A Practical Approach to Defending Fair Credit Reporting Act Class Actions in Federal Court."
United States
29 Aug 2017
17
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
18
Defendant Seeks To Stymie Plaintiffs False Pretense Claim Under The FCRA
In Patel v. Comcast Corporation, plaintiff consumer Mounang Patel brought a purported class action lawsuit against defendant Comcast Corporation, arguing that Comcast unlawfully obtains background checks...
United States
22 Aug 2017
19
District Court Allows FCRA Lawsuit Alleging Debt Collector's Improper Acquisition Of Credit Report To Proceed
A federal district court in Indiana has allowed a plaintiff's claim that a debt collector improperly accessed her credit report to proceed because the debt collector did not claim the alleged debt...
United States
7 Aug 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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