Compliance

A District Court judge has granted summary judgment in favor of a defendant that was accused of violating the Fair Debt Collection Practices Act by not clearly identifying the current creditor in a collection letter. A copy of the ruling in Smith v. Simm Associates can be accessed by clicking …

The Court of Appeals for the Fifth Circuit has upheld a lower court’s decision granting summary judgment in favor of a defendant that was accused of violating the Fair Credit Reporting Act by not adequately investigating a dispute of a debt. A copy of the unpublished opinion in Hall v. …

The Eleventh Circuit Court of Appeals yesterday heard arguments in a case — John Salcedo v. Alex Hanna — in which a former client of a law firm is alleging the firm violated the Telephone Consumer Protection Act by sending him a single text message without his consent. Salcedo alleged …

A federal judge in the Eastern District of Wisconsin has certified a class action lawsuit alleging a collection agency violated the Fair Debt Collection Practices Act by not more clearly defining what it meant when it told an individual in a collection letter that she could settle her account if …

Individuals who have a bone to pick with collection agencies did not go on vacation in August, choosing instead to visit the air conditioned offices of lawyers and court clerks nationwide, filing lawsuits. The number of lawsuits alleging violations of the Fair Debt Collection Practices Act, Telephone Consumer Protection Act, …

The District Attorney of Ventura, California has secured more convictions in a collections case involving five individuals who ran a series of phony collection agencies that would not remit payments received from individuals to the agencies’ clients. The defendants — Timothy Burke, Jr., Deisi Rivera, Angela Covarrubias, Veronica Ventura, and …

Citigroup has successfully prevented a class of potential plaintiffs from being certified in a lawsuit filed against the bank for allegedly violating the Telephone Consumer Protection Act by contacting individuals using an automatic telephone dialing system without their expressed consent. The judge in the case also granted in part and …

What started as a run-of-the-mill collection lawsuit has grown to be a case about the future of class action lawsuits that will be argued before the Supreme Court. The Supreme Court agreed yesterday to hear arguments in Home Depot USA v. Jackson, in which the do-it-yourself retail giant is seeking …

The Federal Communications Commission has proposed fining a company $37.5 million for making 2.3 million spoofed telemarketing calls during a 14-month period that started in 2016 . What’s notable about the fine is that the FCC says this is the first time it has taken an enforcement action against a …

While the shockwaves from last Thursday’s ruling in Marks v. Crunch San Diego are still rippling through the collections industry, more companies are now turning back around to face the horizon, wondering how the ruling will affect other cases in other regions of the country. The Ninth Circuit Court of …