Compliance

A federal judge in Florida has denied a request to certify a class in a lawsuit filed against a defendant for allegedly violating the Fair Debt Collection Practices Act by seeking to collect on a time-barred debt without informing the plaintiff that making a payment would restart the statute of …

A defendant has been granted a motion to dismiss after it was sued by a plaintiff for allegedly violating the Fair Debt Collection Practices Act and the Telephone Consumer Protection Act by calling him after he had revoked consent to be contacted. A copy of the ruling in Ford v. …

Members of Congress are tripping over themselves to introduce legislation aimed at ending the problem of illegal robocalls. The latest bill was introduced yesterday by Rep. Jeff Van Drew [D-N.J.], called the Robocall Enforcement Enhancement Act of 2019. Rep. Van Drew’s bill joins at least two others — the HANGUP …

The Federal Trade Commission has issued a notice of proposed rulemaking that seeks to update both its Safeguards Rule and Privacy Rule under the Gramm-Leach-Bliley Act. The proposed rules will expand the scope of what defines a “financial institution” covered under the rule and require institutions to implement two-factor authentication …

A District Court judge in Illinois has denied a defendant’s motion to dismiss after a plaintiff filed a class-action lawsuit alleging the defendant violated the Fair Debt Collection Practices Act by failing to mention in a letter that payment on a settlement offer would restart the statute of limitations on …

A legal battle that has lasted nearly eight years and has gone up and down the legal ladder appears to be one step closer to ending, with both sides agreeing to a settlement that is awaiting approval from a District Court judge in New York. Under the terms of the …

A collection agency is facing a class-action lawsuit alleging it violated the Fair Debt Collection Practices Act because using the word “current” in a collection letter misled the plaintiff into believing the balance on the unpaid debt could continue increasing, even though no additional interest or fees were accruing on …

Selfishly, I will admit that I originally wanted to write about this case only because it gave me the opportunity to mention the name of the defendant — La Boom Disco. But, having read a ruling from Judge Allyne Ross of the District Court for the Eastern District of New …

A federal judge in Florida has granted summary judgment in favor of a defendant that was accused in a class action suit of violating the Fair Debt Collection Practices Act because the collection letter it sent did not explicitly use the word “creditor” in it. A copy of the ruling …

A pair of published reports are questioning the efficacy of two separate pieces of proposed legislation, one at the state level and one in Congress, at eliminating robocalls, arguing that those perpetrating the offenses are either too far away or too skilled at evading prosecution. The first article looks at …