A pair of collection operations have waived their rights to a hearing before the Minnesota Department of Commerce and agreed to fines — one for $10,000 and one for $7,000 — for engaging in unlicensed collection activity in the state. RSI Enterprises has been fined $10,000 and Advanced Portfolio Group …
Read More »Judge Denies MSJ Motions from Plaintiff, Defendant in FDCPA Case over Dispute Removal Request
A District Court judge in Michigan has denied a plaintiff’s motion for summary judgment, while also denying the defendant’s motion to dismiss or, in the alternative, for summary judgment in a Fair Debt Collection Practices Act case involving the alleged failure of a credit reporting agency to remove a dispute …
Read More »Complaint Alleges Confusion Between Who Owned Debt and To Whom Debt was Owed
EDITOR’S NOTE: This article is part of a series that is sponsored by WebRecon. WebRecon identifies serial plaintiffs lurking in your database BEFORE you contact them and expose yourself to a likely lawsuit. Protect your company from as many as one in three new consumer lawsuits by scrubbing your consumers through WebRecon …
Read More »CFPB Proposes Rule to Cap Credit Card Late Fees
The Consumer Financial Protection Bureau yesterday issued a proposed rule seeking to lower credit card late fees at $8, bring an end to the automatic inflation adjustment that occurs annually, and cap late fees at 25% of the minimum payment owed by the cardholder. The proposal would save consumers as …
Read More »Judge Grants MSJ in FDCPA Case Over Settlement Offer in Letter
In a case that was defended by Cooper Walker and the team at Frost Echols, a District Court judge in New York has granted a defendant’s motion for summary judgment, ruling a plaintiff lacked standing to pursue a Fair Debt Collection Practices Act case because she did not suffer a …
Read More »Judge Remands FDCPA Case Back to State Court, Awards Attorney’s Fees to Plaintiff
A District Court judge in Wisconsin has granted a plaintiff’s motion to remand a Fair Debt Collection Practices Act case back to state court where it was originally filed and granted the plaintiff’s motion for attorney’s fees and costs because it was “objectively unreasonable” for the defendant to remove the …
Read More »Calif. Appeals Court Upholds Denial of Motion to Compel Arbitration in RFDCPA Case
The California Court of Appeals has upheld a lower court’s ruling denying a motion to compel arbitration filed by a collection operation, reaching the same conclusion that the plaintiff never officially consented to arbitration with the original creditor, and allowing a Rosenthal Fair Debt Collection Practices Act case to proceed. …
Read More »Robot Lawyer Pivots to Consumer Rights Areas
A company that built what it billed as the world’s first robot lawyer is now pivoting away from that following threats of jail time for the company’s owner and is instead focusing its technology on other areas, including a couple that involve the accounts receivable management industry. When I mention …
Read More »Judge Dismisses FDCPA Class Action for Lack of Standing
A District Court judge in New Jersey has dismissed a Fair Debt Collection Practices Act class-action, ruling the plaintiffs lack standing to sue because they did not suffer a concrete injury when the defendant left voicemails using its official company name after sending letters to the plaintiffs using a different …
Read More »California DFPI Announces Enforcement Actions Against Five Collection Operations
The California Department of Financial Protection & Innovation yesterday announced it has sent desist-and-refrain orders to five different collection operations, accusing them of operating in the state without applying for a license and other unlawful and deceptive acts and practices. The five operations are: Amherst and Associates Clayton Banner and …
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