Compliance

Was it a perfect storm of mistakes or was it something that could have been avoided? A judge in the Eastern District of Pennsylvania can’t seem to make a determination so he’s leaving it for a jury to decide. The judge, Edward Smith, has denied motions for summary judgment from …

The Court of Appeals for the Third Circuit has affirmed a lower court’s ruling that compels a student loan servicing company to respond to a civil investigative demand letter from the Bureau of Consumer Financial Protection. The servicer, Heartland Campus Solutions, ECSI, had refused to the comply with the CID …

The Court of Appeals for the Seventh Circuit has overturned a lower court’s decision in an Fair Debt Collection Practices Act case that awarded a plaintiff’s attorney nearly $70,000 in fees. The plaintiff had sued two defendants — a debt buyer and a collection agency working on the debt buyer’s …

A collection agency has had its petition to set aside a civil investigative demand from the Bureau of Consumer Financial Protection denied related to potential violations of the Fair Debt Collection Practices Act and the Consumer Financial Protection Act. Firstsource Advantage had petitioned the BCFP to set aside the CID …

The California Supreme Court has ruled that interest rates charged on consumer loans can be so high that it makes the loan illegal in a decision that published reports say could upend the payday lending and subprime lending markets in the Golden State. The Supreme Court yesterday ruled unanimously in …

The Court of Appeals for the Seventh Circuit has upheld a lower court’s decision that a company contracted by a mortgage servicer to conduct field investigations to determine whether individuals are still living in a property do not meet the definition of debt collectors under the Fair Debt Collection Practices …

The Illinois Supreme Court has adopted new pleading requirements for credit card debt collection cases, requiring those filing suits against individuals to include more information at the outset of a case. The new requirements were enacted in June and are scheduled to go into effect on Oct. 1. Among the …

A federal judge in Illinois has denied a request from a collection agency to dismiss a class-action lawsuit filed against it because it allegedly violated the Fair Debt Collection Practices Act by failing to itemize all of the “obscure elements” of the plaintiff’s debt in an initial collection letter, even …

American Express has filed a motion to intervene in a class-action lawsuit filed against a collection agency, which was accused of violating the Fair Debt Collection Practices Act by sending a collection letter to a plaintiff on American Express’s letterhead and with the company’s logo. American Express is seeking to …

As Artin Betpera from Womble Bond Dickinson first published, a federal judge in Alabama has granted summary judgment in favor of a collection agency that argued a plaintiff’s consent to be contacted on her cell phone could not be revoked under the Telephone Consumer Protection Act because she had provided …