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Read More »Cell Phone Carrier Facing TCPA Class Action Over Collection Calls to Wrong Number
A class-action complaint has been filed in Florida against a cell phone carrier and the vendors and third parties it uses to place outbound calls, alleging violations of the Telephone Consumer Protection Act by making more than 50 debt collection calls using an automated telephone dialing service to a wrong …
Read More »CFPB Fines Student Loan Servicer $1M For Lying About Forgiveness Options
The Consumer Financial Protection Bureau on Thursday announced an enforcement action against a student loan servicing company, fining it $1 million for allegedly making deceptive statements to borrowers and misrepresenting the forgiveness and repayment options related to the Public Service Loan Forgiveness program. The action, taken against Edfinancial, comes a …
Read More »Appeals Court Overturns $350k Damages Award Against Collector
The Court of Appeals for the Seventh Circuit on Friday reversed a jury award of $350,000 against a collector in a Fair Debt Collection Practices Act case over the collection of a time-barred debt, ruling the plaintiff lacked standing. A copy of the ruling in the case of Pierre v. …
Read More »Appeals Court Upholds Dismissal of FDCPA Suit Over Garnishment
The Court of Appeals for the Ninth Circuit has upheld the dismissal of a Fair Debt Collection Practices Act case in which a defendant was accused of violating the statute by garnishing the plaintiff’s wages to enforce a nonfinal judgment, ruling that alleging a violation of Washington’s state garnishment law …
Read More »Judge Grants Motion for Defendant in FDCPA Case Over Attorney Reference in Letter
Does mentioning in a collection letter that the account in question might be referred to an attorney violate the Fair Debt Collection Practices Act? A District Court judge in Pennsylvania has ruled that it does not, granting a defendant’s motion for judgment on the pleadings after it was sued by …
Read More »Recapping Yesterday’s Senate Hearing on Medical Debt As Dems Call on CFPB to Do More
There was at least one voice of reason that sat before the Senate Banking Committee yesterday during a hearing that was held on the “Economic Impact of the Growing Burden of Medical Debt,” even as Democrats on the committee called on the Consumer Financial Protection Bureau to do more to …
Read More »N.Y. AG Sends Warning to Collectors About New SOL, Court Filing Requirements, Requests Information About Complying with Reg F
The Attorney General of New York last week sent letters to “major” debt collectors operating in her state, making sure that those companies were aware of new regulations that have recently gone into effect, such as Regulation F from the Consumer Financial Protection Bureau and new state-mandated large-print disclosures, while …
Read More »Judge Grants MTD on Hunstein Claims in FDCPA Suit
A District Court judge in New Jersey has granted a defendant’s motion to dismiss four of the five counts it is facing in a Fair Debt Collection Practices Act suit after it was accused of disclosing information about the existence of the debt in question to a third party, namely …
Read More »Repeat Violators Risk Losing Licenses, Chopra Warns
The Consumer Financial Protection Bureau is planning to establish dedicated units aimed at detecting repeat offenses and corporate recidivism “to better hold them accountable” while also laying out a series of enforcement options that the regulator will consider when it finds financial services organizations committing the same types of violations …
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