Compliance

A federal judge in Florida has denied certification of a potential class-action lawsuit after a furniture store was accused of violating the Telephone Consumer Protection Act by making calls to an individual’s cell phone without consent because the process used by the plaintiff’s expert to determine the size of the …

Nothing necessarily new here, except to remind everyone that a new law is going into effect in California on Tuesday that will require debt collectors to provide notification to individuals when attempting to collect a debt where the statute of limitations has expired. The law, AB 1526, is one of …

A District Court judge in New York has granted summary judgment in favor of a collector that was sued for allegedly violating the Fair Debt Collection Practices Act because when it named the creditor in a collection letter, it failed to indicate that it was the current creditor. A copy …

A federal judge has granted a collection agency’s motion to dismiss a lawsuit after it was accused of violating the Fair Debt Collection Practices Act because it used the phrase “current balance” in a collection letter, which may have confused the plaintiff about how much was owed because the word …

A federal judge in Connecticut has denied cross-motions for summary judgment from the plaintiff and the defendant in a Fair Debt Collection Practices Act case because even though the defendant understood the language in a collection letter, a least sophisticated consumer still may have been confused by it. A copy …

A federal judge in Pennsylvania has denied a motion to dismiss a lawsuit filed by the state against Navient, ruling that the suit is not pre-empted by a similar suit filed against the company by the Bureau of Consumer Financial Protection.  A copy of the ruling can be accessed by …

The ruling in this particular case may be a few months old, but it was brought to light recently and I thought it was worth mentioning here.  A woman, Vicky Jo Metz, who took out $16,613 in student loans nearly three decades ago got a huge win from a bankruptcy …

A federal judge in Michigan has denied a defendant’s motion to dismiss a lawsuit alleging it violated the Fair Debt Collection Practices Act by making misleading statements to the plaintiff and by negotiating a potential settlement with the plaintiff’s spouse without the plaintiff’s knowledge. A copy of the ruling in …

A collection agency did not violate the Fair Debt Collection Practices Act when it sent an individual a collection letter that said, among other things, “We look forward to hearing from you,” a federal judge has ruled in dismissing the class-action lawsuit.  A copy of the ruling in Rodriguez v. …

A federal judge in New Jersey has denied a motion to dismiss a lawsuit alleging a company violated the Telephone Consumer Protection Act by placing debt collection calls to an individual on her mobile phone without her consenting to be contacted.  A copy of the ruling in Wilson v. Quest …