A District Court judge in New York has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act when it sent four letters to an individual that each offered to settle a debt for 50% of the balance owed, while noting …
Read More »Bedard Breaks Down Model Notice’s Optional Disclosures
When it issued Regulation F, the Consumer Financial Protection Bureau did not just issue a set of rules that debt collectors absolutely needed to follow. While much of what is included in Regulation F sets forth requirements that are mandatory, the CFPB also gave collectors some latitude to put their …
Read More »CFPB Issues First Enforcement Action Under Chopra
Less than a week after having a new Director sworn in, the Consumer Financial Protection Bureau announced its first enforcement action of the Rohit Chopra era, assessing $6 million in fines and penalties against a company that offers financial services products to individuals incarcerated and recently released from prisons and …
Read More »Guilty Plea For Defendant Accused in $150M Payment Processing Scheme
A Florida man is facing 20 years in prison after pleading guilty to conspiracy to commit wire fraud in connection to a $150 million payment processing scheme that included facilitating payments for debt collectors. Thomas Wells, 74, was one of four individuals who were charged with conspiracy to commit wire …
Read More »FCC Proposes Rule to Block Robotexts
The Federal Communications Commission has proposed a rule that would explore ways to require wireless carriers to block illegal text messages, similar to what the agency has done to combat illegal robocalls. Robotexts have become more prevalent, especially as regulators and technology providers have taken steps to keep robocalls from …
Read More »Judge Grants MTD in FDCPA Case Alleging Hunstein Disclosure
A District Court judge in Kansas has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling that the plaintiff lacked standing to sue because she was confused about an alleged discrepancy in the balance of her debt after receiving several collection letters, but, perhaps more …
Read More »Judge Remands FDCPA Class Back to State Court After Ruling Plaintiff Lacks Standing
A District Court judge in Illinois has granted a plaintiff’s motion to remand a Fair Debt Collection Practices Act case back to state court, while denying the motion for attorney fees and costs, after the plaintiff received two collection emails from the defendant in which the name of the original …
Read More »Compliance Digest – October 18
I’m thrilled to announce that Bedard Law Group is the new sponsor for the Compliance Digest. Bedard Law Group, P.C. – Compliance Support – Defense Litigation – Nationwide Complaint Management – Turnkey Speech Analytics. And Our New BLG360 Program – Your Low Monthly Retainer Compliance Solution. Visit www.bedardlawgroup.com, email John H. Bedard, Jr., or call (678) 253-1871. Every week, …
Read More »Judge Grants Default Judgment For Plaintiff in FDCPA Case, But Denies Request for $25k in Emotional Distress Damages
Receiving one phone call and six messages from a collector after notifying it that she was being represented by an attorney is not enough to warrant the $25,000 in emotional distress being sought by the plaintiff in a Fair Debt Collection Practices Act case, ruled a Magistrate Judge, saying that …
Read More »Indiana AG Sues Telecom Company For Facilitating Robocall Scams
Todd Rokita, the Attorney General for the state of Indiana, yesterday announced his office has filed a lawsuit against a telecom company for acting as a gateway provider to scammers making hundreds of millions of illegal robocalls across the country. The lawsuit was filed against Startel Communications, which is owned …
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