In a case that was defended by the team at Gordon & Rees Scully Mansukhani, a state court judge in Wisconsin has granted a defendant’s request to compel arbitration after it was accused of violating the Fair Debt Collection Practices Act and state law in Wisconsin when it did not …
Read More »CFPB Sues TransUnion, Former Exec, for Violating Consent Order
If you drew a Venn diagram of two circles, and used recent comments and announcements from the Consumer Financial Protection Bureau to fill them in, you would have one circle that was labeled “credit reporting agencies” and one circle that was labeled “repeat offenders.” Those are the two targets that …
Read More »Comment Period on ‘Junk’ Fees RFI Expires, as State AGs Call for End to Convenience Fees
The comment period on the Consumer Financial Protection Bureau’s Request for Information related to what it calls “junk” fees closed yesterday, with more than 25,000 comments filed. Among the comments that were filed on the last day was one from 22 state attorneys general, calling on the CFPB to end …
Read More »Class-Action Complaint Accuses Collector of Violating FDCPA By Not Explicitly Detailing to Where Disputes Should be Sent
A class-action lawsuit has been filed against a collection agency for allegedly violating the Fair Debt Collection Practices Act by having multiple addresses on a collection letter it sent and not explicitly communicating to which address disputes or requests for original creditor information should be sent. A copy of the …
Read More »Judge Grants MTD on FDCPA Claims in Class-Action, But Denies RICO Claim
A District Court judge in Virginia has granted motions to dismiss on claims that defendants in a class-action lawsuit violated the Fair Debt Collection Practices Act, but denied a motion to dismiss that the defendants — a group of debt buyers — and the debt collectors it used to collect …
Read More »Compliance Digest – April 11
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 »Maryland Legislature Advances Bill Requiring Refunds to Patients Who Were Eligible for Free Healthcare
A bill is progressing through the Maryland legislature that, if passed, would require the state to develop a process that identifies individuals who paid for hospital services that may have otherwise qualified for free care under existing state law and reimburse those individuals for the money they paid. If enacted, …
Read More »Judge Grants Motion for Judgment in Favor of Defendant Over Interest Disclosure, Settlement Offer Expiration in Letter
In a case that was defended by the team at Malone Frost Martin, a District Court judge has granted a defendant’s motion for judgment on the pleadings in a Fair Debt Collection Practices class action after alleging that the amount owed listed in a collection letter was lower than it …
Read More »N.Y. DFS Issues Guidance to Address ‘Potential Confusion’ Over New SOL Rules
The New York Department of Financial Services has issued guidance “to address potential confusion” about how to comply with a new statute of limitations requirement that went into effect last week, lowering the period to three years while also disallowing a partial payment to restart the statute of limitations, and …
Read More »Consumer Files Reg F Lawsuit Over Missing Itemization Date in Letter
A plaintiff has filed a lawsuit in Texas against a collection agency, alleging it violated the Fair Debt Collection Practices Act and Regulation F because it sent a collection letter that failed to include an itemization date while also allegedly including contradictory information as to whether interest on the underlying …
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