Compliance

Buckley Sandler has a recap of an interesting case involving a collection agency and some circuitous logic attempted by its client. The Supreme Court of West Virginia has upheld a lower court’s summary judgment ruling in favor of a plaintiff who alleged that a check cashing company and a collection …

The Justices of the Supreme Judicial Court in Massachusetts have announced two new rules of civil procedure related to civil actions filed against individuals with unpaid credit card debts. The objective of the new rules is to ensure that individuals who are sued for unpaid credit card debts know the identity …

The Consumer Financial Protection Bureau has secured a $21 million default judgment against a group of defendants that it accused of engaging in a fake debt relief scam. The defendants — Federal Debt Assistance Association LLC, Financial Document Assistance Administration Inc., Clear Solutions Inc. and their owners Robert Pantoulis, Vincent Piccione …

ACA International has spotlighted a recent court ruling in which a collection agency was granted summary judgment after being accused of violating the Fair Debt Collection Practices Act by not properly identifying the creditor in a validation letter. The collection letter referenced the creditor — Gramercy Park Digestive Disease Center …

A class-action lawsuit has been filed against a collection agency that alleges the company placed “thousands” of calls to the mobile phones of individuals without first obtaining their consent, which is a violation of the Telephone Consumer Protection Act. The case was filed in the District Court for the Southern …

Eric Troutman, a partner at the law firm of Womble Bond Dickinson, and a noted expert on the Telephone Consumer Protection Act, has published an interesting piece where he predicts an “avalanche” of stay orders in pending TCPA cases in the coming months, now that the Federal Communications Commission has …

A federal judge in Pennsylvania has partially granted a student loan collector’s motion for summary judgment to dismiss a case filed by a plaintiff who accused the agency of violating the Fair Credit Reporting Act. The plaintiff had filed for bankruptcy protection, but the student loans were not discharged because …

A federal judge in California has decided it is up to a jury to determine whether a wife can revoke consent for her husband to be contacted by a collection agency for an unpaid debt and whether the wife revoked consent to be contacted by the agency on all of …

A federal judge in Florida has granted summary judgment in favor of a defendant after it was alleged by a plaintiff that the defendant violated the Fair Credit Report Act, the Telephone Consumer Protection Act, and the Florida Consumer Collection Practices Act. Other than it being an apparent victory over …

JPMorgan Chase has reached a preliminary agreement for $2.25 million to settle a class-action lawsuit filed against it by a number of individuals who allege the bank violated the Telephone Consumer Protection Act when continuing to contact individuals attempting to collect on unpaid mortgages and home equity loans after those …