Compliance

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. …

A District Court judge in Illinois has granted a collection agency’s motion for summary judgment in ruling that it is not a debt collector as defined by the Fair Debt Collection Practices Act, but denied a motion for summary judgment after the defendant attempted to use the bona fide error …

A District Court judge in Florida has granted a defendant’s motion to stay a case and placed it in civil suspense in order to await a rule from the Federal Communications Commission related to how an automated telephone dialing system is to be defined under the Telephone Consumer Protection Act. …

A District Court judge in New York has granted a defendant’s motion to dismiss a case in which it was accused of violating the Fair Debt Collection Practices Act by not adequately identifying the creditor in a collection letter, even though it included references to the “Client Name:” and “Original …

A District Court judge in Texas has granted a defendant’s motion for attorney’s fees and ordered a pair of attorneys who represented a plaintiff to pay $163,627.82 because they “manufactured” a case “with practically no input from, consultation with, or influence” by the plaintiff. A copy of the ruling in …

A District Court judge in Kentucky has granted summary judgment in favor of a plaintiff who was sued by the defendant for an unpaid debt in which the statute of limitations has expired, even though the defendant cited almost an exact case in which it was involved and was allowed …

In a case that is now making the rounds in the mainstream media, a Tennessee woman has been awarded $459,000 by an arbitrator after receiving 306 collection calls to her cell phone from a retail company using an automatic telephone dialing system after she revoked consent to be contacted. The …

Ruling it does not have jurisdiction to intervene, the Appellate Court of Illinois has refused to review a lawsuit filed against a collection agency by the husband of a woman who committed suicide after the agency attempted to enforce a judgment against the woman that had been vacated. A jury …