Compliance

The Court of Appeals for the Seventh Circuit has upheld a lower court’s summary judgment in favor of a defendant that was sued for allegedly violating the Fair Debt Collection Practices Act by improperly attempting to collect on a time-barred debt because the defendant properly applied the FDCPA’s bona fide …

A District Court judge in Nevada has denied a plaintiff’s motion for summary judgment and instead granted summary judgment in favor of the defendant because its violation of the Fair Debt Collection Practices Act was not intentional and falls within the statute’s bona fide error defense. A copy of the …

A District Court judge in California has declined to certify a class action lawsuit alleging a defendant violated the Telephone Consumer Protection Act by making collection calls to individuals who were not the intended recipients of the communications. A copy of the ruling in Revitch v. Citibank can be accessed …

The Consumer Financial Protection Bureau is now calling the Town Hall meeting it scheduled for May 8 in Philadelphia a “Debt Collection Town Hall” and ACA International has announced that Chief Executive Mark Neeb has been invited to participate at the meeting. This provides even more evidence that the CFPB …

The New York Department of Financial Services has created its own state-level consumer protection unit by combining two divisions into one. The newly formed Consumer Protection and Financial Enforcement Division will be run by Katherine Lemire, who was most recently a partner at StoneTurn, a consulting firm. The CPEFD was …

The Court of Appeals for the Eighth Circuit has affirmed a lower court’s dismissal of a lawsuit ruling that a defendant did not violate the Fair Debt Collection Practices Act by using a registered DBA and referring to itself as “professional debt collectors” in a collection letter that was signed …

Judge Awards $22k in Plaintiff’s Attorney Fees, Chastises Defense For ‘Aggressive Litigation Tactics’ A District Court judge in Wisconsin has granted a motion for attorney’s fees from the lawyers representing a plaintiff in a Fair Debt Collection Practices Act suit after the plaintiff accepted an offer of judgment, awarding $22,333.25. …

A District Court judge in Wisconsin has denied a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because it included safe harbor language in a collection letter that it did not need to include. A copy of the ruling in Hoffman …

The Atlanta Journal-Constitution has published an in-depth report on how small claims courts and the legal system “stack the deck against consumers” when sued by collection agencies. Courts are overwhelmed with lawsuits and can not dedicate enough time, churning through cases like “debt collection mills” and cycling through “rocket dockets,” …

The California state legislature continues to work on changes to the California Consumer Privacy Act, considered to be one of the most onerous consumer protection laws in the country. The state assembly’s Privacy and Consumer Protection Committee held a hearing earlier this week in which it advanced five different bills …