A District Court judge in Oregon has granted a defendant’s motion for summary judgment after it was sued for violating the Fair Debt Collection Practices Act because the plaintiff claimed never to have received a demand letter to recover an unpaid credit card debt and because the defendant is allowed …
Read More »Bipartisan Anti-Robocall Bill Introduced in Senate
Two of the authors of the TRACED Act have introduced another bill in the Senate that seeks to further protect consumers from receiving illegal robocalls while also holding those making the calls accountable for their actions. A copy of the draft version of the Robocall Trace Back Enhancement Act, introduced …
Read More »CFPB Denies Request to Modify or Set Aside CID
The Consumer Financial Protection Bureau has published an order from its former Acting Director denying a request from a petitioner to modify or set aside a Civil Investigative Demand it received but has granted in part a request from the petitioner that part of their petitions and portions of a …
Read More »Judge Denies MTD in FDCPA, TCPA Class Action Over Orally Made Cease Request
A District Court judge in Florida has denied a defendant’s motion to dismiss a class-action after it was sued for violating the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, and the Florida Consumer Collection Practices Act for making calls to the plaintiff’s cell phone and leaving voicemails …
Read More »Student Loan Debt Relief Scammers Sentenced
The Attorney General of California announced that a group of individuals involved in a student loan debt relief scam have been sentenced — three of them receiving jail time — and paying more than $330,000 in restitution to victims who were “preyed on” because they were struggling to repay their …
Read More »Chopra Urges States to Enforce Federal Consumer Protection Laws
Rohit Chopra, the Director of the Consumer Financial Protection Bureau, urged state Attorneys General to bring their own enforcement actions when they think federal laws have been broken, especially when federal law is stronger than a state statute, asking only that AGs give the CFPB a heads up before filing …
Read More »Judge Grants MTD For Lack of Standing Over Hunstein Claim
Judge Cathy Seibel of the District Court for the Southern District of New York gets it. Judge Seibel is the latest in a growing line of judges across the country who are ruling that plaintiffs filing Hunstein claims do not have standing to sue in federal court because they did …
Read More »Consumer Groups, CFPB Settle Suit Over Consumer Law Taskforce
The Consumer Financial Protection Bureau has settled a lawsuit filed against it by a group of consumer advocates, who alleged that the previous leadership of the CFPB “stacked” a taskforce that was created to modernize consumer protection laws with representatives from the financial services industry, stipulating that it failed to …
Read More »Judge Rules Plaintiff Lacks Standing on Hunstein Claim
A District Court judge in New York has granted a plaintiff’s motion to remand a Hunstein case back to state court, ruling that the plaintiff does not have standing to sue in federal court because the complaint does not allege that the communication of his information by the defendant to …
Read More »Judge Grants MTD in FDCPA Case Over Alleged Refusal to Honor Payment Plan
Does allegedly agreeing to a payment plan only to back out of it constitute an unfair or deceptive practice under the Fair Debt Collection Practices Act? Not according to a District Court judge in Pennsylvania, who granted a defendant’s motion to dismiss last week, largely because the plaintiff never identified …
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