Compliance

The Court of Appeals for the Seventh Circuit has upheld a lower court’s dismissal of a Fair Debt Collection Practices Act class-action lawsuit, ruling that including line items for “interest” and “other charges” in a breakdown of the plaintiff’s debt in a collection letter does not violate the FDCPA, even …

In a case that was defended by Ethan Ostroff of Troutman Pepper, a District Court judge in Illinois has, for the second time, granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by referencing “other charges” which might be accruing …

The Eleventh Circuit Court of Appeals has upheld a lower court’s motion for judgment on the pleadings in favor of defendants that were accused of not properly investigating a disputed item on the plaintiff’s credit report, echoing the lower court in saying that investigations should be about factual items, not …

A District Court judge in Florida has granted preliminary approval of a settlement in a Fair Debt Collection Practices Act class action that will see the defendants refund or waive $512,000 in medical fees and pay $500,000 in statutory damages after the plaintiffs were charged for medical care when it …

A District Court judge in New York has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case but denied a motion for attorney’s fees, after the defendant sent two identical collection letters in close succession to one another, which the plaintiff claimed overshadowed the validation notice. …

A campaign that began with a study revealing that 100,000 people every year attempt to commit suicide because they are mired in heavy debt has led to changes that will require lenders and debt collectors in the United Kingdom to make their collection letters less intimidating, including a ban on …

A District Court judge in Illinois has granted a plaintiff’s motion for summary judgment, ruling that a defendant needed to disclose in a collection letter that a partial payment or promise to pay would restart the statute of limitations under state law, even though it disclosed in the letter “we …

The Consumer Financial Protection Bureau has announced the terms under which a company may seek to terminate a consent order before the original expiration date, as a means of easing the burdens that the orders can place on those companies. Consent orders are agreements or settlements that often impost injunctive …

A District Court judge in New York has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act, in a case where the plaintiff attempted to use many of the current crop of greatest hits being claimed by individuals suing collection …

A District Court judge in Louisiana has granted a defendant’s motion to dismiss after it was sued for violating the Telephone Consumer Protection Act by making calls to individuals’ cell phones using an automated telephone dialing system, saying that any such call made before July 6 — when the Supreme …