Compliance

Arguments were heard yesterday in a District Court in New Jersey on a motion to dismiss a class-action lawsuit filed against a collection agency for allegedly violating the Fair Debt Collection Practices Act when it used the statutory validation notice in a collection letter. A copy of the memorandum of …

A District Court judge in Illinois has granted in part and denied in part a motion for judgment on the pleadings filed by a defendant as a result of a series of collection letters that were sent seeking repayment of an unpaid debt. A copy of the ruling in Duarte …

More than three-quarters of telemarketing companies admit to not being fully compliant with the Telephone Consumer Protection Act, according to the results of a survey conducted by a compliance monitoring service, and more than half of all companies make calls after 9pm. Only 23% of the companies that participated in …

A District Court judge in California has certified a class-action lawsuit, alleging a creditor violated the Telephone Consumer Protection Act when collection agencies working on its behalf made calls to the cell phones of individuals using an automated telephone dialing system without first obtaining the proper consent to do so …

The inference of “an implicit threat” in a collection letter is now enough to be considered a violation of the Fair Debt Collection Practices Act, following a published opinion that was issued on Friday by the Eleventh Circuit Court of Appeals, which overturned a lower court’s dismissal of a lawsuit …

We haven’t seen one of these in a while, but a District Court judge in New Jersey has denied a plaintiff’s motion for summary judgment and given the plaintiff until next week to show cause why summary judgment should not be granted for the defendant after it was accused of …

A District Court judge in Illinois has granted a defendant’s motion for summary judgment after it was accused of violating the Fair Debt Collection Practices Act by sending a collection letter that, along with the amount of the debt, included “Accrued Interest: $0.00” and warned of an additional fee should …

A District Court judge in New York has granted a defendant’s motion for summary judgment on a claim it violated the Fair Debt Collection Practices Act by communicating false information concerning a debt or misrepresenting the amount of a debt because a separate lawsuit in State Court had already essentially …

A District Court judge in Illinois has granted a defendant’s motion for summary judgment that it used an automated telephone dialing system to send text messages to an individual’s cell phone without his expressed consent. A copy of the ruling in Gadelhak v. AT&T Services, Inc., can be accessed by …

On the same day that the Senate Commerce Committee voted unanimously to approve the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act, Jessica Rosenworcel, a commissioner on the Federal Communications Commission, called for the creation of a specific enforcement unit within the agency to combat the proliferation of robocalls. …