Compliance

A federal judge in Illinois has granted a defendant’s motion to dismiss a lawsuit alleging it violated the Fair Debt Collection Practices Act because it gave a plaintiff two kicks at the settlement can. The plaintiff had filed suit, accusing the defendant, Portfolio Recovery Associates, of violating Sections 1692(e)(5) and …

Fighting lawsuits alleging violations of the Telephone Consumer Protection Act continues to be an uphill climb, even though the total number of lawsuits is declining, said a panel of experts who spoke on a webinar on the topic last week. The webinar, which was sponsored by TCN, aimed to help …

Weltman Weinberg & Reis has filed a motion with the court to have the Bureau of Consumer Financial Protection cover the law firm’s attorney’s fees to defend itself in a lawsuit brought by the agency, which the law firm won last month. The firm is seeking $1.2 million to cover …

As pointed out by TCPAland.com, a District Court in the Northern District of Alabama has granted summary judgment in favor of a plaintiff alleging that a mortgage servicer violated the Telephone Consumer Protection Act by using a predictive dialer to make automated calls to the plaintiff. What is significant about …

Thanks to the folks at Maurice Wutscher, we know that the California legislature this week passed a bill that will require debt collectors to provide notification to individuals when attempting to collect a debt where the statute of limitations has expired. The bill, A.B. 1526, provides two different notifications that …

The Court of Appeals for the Seventh Circuit has reversed a lower court’s ruling in favor of a plaintiff and granted summary judgment in favor of a collection law firm that was accused of violating the Fair Debt Collection Practices Act by serving a motion to both an individual as …

The Court of Appeals for the Third Circuit has partially reversed a lower court’s dismissal of a lawsuit against a collection agency which was alleged to have violated the Fair Debt Collection Practices Act by using a different company name in voicemail messages left with individuals. The plaintiffs had filed …

A company which reached a $28 million settlement in a Telephone Consumer Protection Act lawsuit has filed a suit of its own, alleging that its insurance companies are not paying up to cover the costs of the settlement. Monitronics reached the settlement last year after it was accused of contacting …

A federal judge in Michigan has granted a partial summary judgment in favor of a defendant that was accused of violating the Telephone Consumer Protection Act, rejecting the plaintiff’s experience witness report and ruling that the Aspect System used by the defendant does not meet the definition of an automated …

A federal judge in New Jersey has denied a motion to dismiss a class-action lawsuit filed by a defendant that is accused of violating the Fair Debt Collection Practices Act by including language in a collection letter about having the plaintiff contact the defendant if he had medical insurance to …