Compliance

There is no doubt that the legal process can be overwhelming and confusing for many consumers. But losing sleep and suffering emotional distress because you think the fight is over before it actually is does not endow that consumer standing to turn around and sue the collector, a District Court …

A company that helps consumers file for bankruptcy protection has filed a lawsuit against the state of New York, alleging that the state is violating the First Amendment of the Constitution by requiring consumers to have a licensed lawyer represent them when defending themselves against debt collection lawsuits. The suit …

A plaintiff in Texas has filed a lawsuit against a debt collector, claiming it violated the Fair Debt Collection Practices Act and Regulation F by allegedly reporting a debt to the credit reporting agencies that had already been paid in full. A copy of the complaint in the case of …

The Consumer Financial Protection Bureau may have sent another canary down the coal mine, this time on the topic of interest and fees charged by credit card issuers. In a blog post that was published last week, the CFPB noted that consumers pay about $120 billion in credit card interest …

There have been a number of rulings in Hunstein cases and a number of rulings in post-Facebook Telephone Consumer Protection Act cases, but rarely, if ever, has there been a ruling that addresses both of these landmark cases. A District Court judge in Tennessee has partially granted a defendant’s motion …

The Court of Appeals for the Ninth Circuit has partially affirmed and partially reversed a lower court’s ruling in a Fair Debt Collection Practices Act case, determining that the District Court judge should not have granted summary judgment for a collection law firm that “expressly” informed an individual in a …

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It is short on details, but another Regulation F lawsuit has been filed, this time in California, and, for the first time, it’s accusing a collector of violating the rule’s prohibitions on call frequency. A copy of the complaint in the case of Santander v. General Revenue Corp. can be …

A District Court judge in Kansas has granted a defendant’s motion to dismiss a Hunstein case, ruling that the plaintiff lacked standing to sue because she did not suffer a concrete injury when the defendant used a third-party vendor to print and mail a collection letter. A copy of the …

Five groups have filed amicus briefs with the Eleventh Circuit Court of Appeals in support of the defendant-appellee in Hunstein v. Preferred Management & Collection Services, each laying out their arguments why the Court should rule that the plaintiff-appellant does not have standing to sue in a Fair Debt Collection …