Compliance

A District Court judge has partially granted summary judgment in favor of a defendant that was accused of violating the Telephone Consumer Protection Act by contacting the plaintiff on his cell phone without his consent and the Fair Debt Collection Practices Act by using profane language and threatening to sue …

If this were a National League baseball game, we’d be using the phrase “double switch.” But, alas, it’s not. So I hope I explain this correctly. The Court of Appeals for the Fifth Circuit has overturned a lower court’s Judgment as a Matter of Law ruling after a District Court …

A District Court judge in Texas has granted a defendant’s motion for summary judgment after it did exactly what it was supposed to do when an individual disputed a debt yet still chose to file suit alleging the defendant violated the Fair Debt Collection Practices Act by communicating information that …

The Federal Trade Commission announced yesterday that it had reached settlements with the remaining defendants accused of conning consumers into paying non-existent debts, which will see more than $3 million in fines and permanent bans from the debt collection industry. Back in February, the FTC obtained a temporary restraining order …

Not that a lot of collectors are sending faxes to try and collect, but it is worth noting that the Federal Communications Commission earlier this week announced that faxes sent to an online fax service are not subject to the provisions of the Telephone Consumer Protection Act. The FCC’s Consumer …

A class-action complaint has been filed against Midland Credit Management, Inc., alleging the company violated the Fair Debt Collection Practices Act by including the words “Time Sensitive Documents” on the envelope of a collection letter. A copy of the complaint in the case of Gabriel v. Midland Credit Management can …

In a major victory for the industry, the Supreme Court, in an 8-1 decision yesterday, determined that the one-year statute of limitations to file a suit alleging a violation of the Fair Debt Collection Practices Act starts when the violation allegedly occurs and not when it is discovered. A copy …

A District Court judge in Florida has granted a motion to dismiss filed by a series of defendants after they were sued for allegedly violating the Fair Debt Collection Practices Act because they failed to disclose that communications were coming from a debt collector in legal filings related to a …

Both sides in a Supreme Court fight debating the constitutionality of the leadership structure of the Consumer Financial Protection Bureau filed briefs yesterday arguing why the director of the financial regulator should be able to be fired for any reason, not just for cause. But allowing the president to do …

The following was written by Leslie Bender, CIPP/US, the General Counsel and Chief Strategy Officer at BCA Financial Services. And the HIPAA enforcement actions continue as 2019 draws to a close. The theme seems to be “skip the trust part and just verify.” For any organization that is responsible for mailing …