The Court of Appeals for the Third Circuit has affirmed the dismissal of a Telephone Consumer Protection Act suit in which the District Court ruled the plaintiff lacked standing to sue because he never claimed anything other than a “bare procedural harm that resulted in no harm.” A copy of …
Read More »Industry ‘Well-Prepared’ to Comply with Reg F, Encore States in Comment to CFPB, As Advocacy Groups Urge Rule’s Overhaul
A number of industry participants, as well as a group of consumer advocacy organizations have filed their comments on the Consumer Financial Protection Bureau’s proposal to delay the effective date of Regulation F by 60 days, pushing it out to January 29, 2022. And while the advocacy groups used their …
Read More »Judge Grants MTD in FDCPA Case Over Settlement Language, Mentions Hunstein
A District Court judge in Illinois has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because it informed the plaintiff in two collection letters that it was not obligated to renew settlement offers that were being made and because …
Read More »FTC Bans Operators of Student Loan Debt Relief Scam
The Federal Trade Commission has banned those behind a student loan debt relief scam from providing debt relief services as part of a settlement that the agency announced earlier this week. One of the defendants will also make a monetary payment of $11,500 as part of an overall judgment against …
Read More »FCRA Expert Talks About What Makes an Investigation ‘Reasonable’
When a consumer disputes an item on his or her credit report under the Fair Credit Reporting Act, the furnisher is required to conduct a “reasonable” investigation to ensure the information being furnished is accurate. But, as many furnishers have come to learn, what constitutes a “reasonable” investigation is often …
Read More »EDNY Judge Grants Motion for Defendant in FDCPA Case Over Dispute Language in Letter
In a case that was defended by Malone Frost Martin, a District Court judge in New York has granted a defendant’s motion for judgment on the pleadings after it was sued for allegedly violating the Fair Debt Collection Practices Act because it included a statement in a collection letter requesting …
Read More »Judge Denies Request for TRO to Block CFPB’s FDCPA Eviction Rule
A District Court judge in Tennessee has denied a plaintiff’s motion for a temporary injunction seeking to block the enactment of an interim final rule saying that collectors may face prosecution under the Fair Debt Collection Practices Act for not providing written notices to individuals being evicted, determining that the …
Read More »SDNY Judge Dismisses FDCPA Case Over Dispute Language in Letter
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 because of the language it used in a collection letter to indicate the methods in which the plaintiff could dispute the validity of …
Read More »Debt Settlement Firm to Repay Consumers $5.4M Under Agreement With CFPB
A District Court judge in Massachusetts has been asked to sign off on a settlement between the Consumer Financial Protection Bureau and a debt settlement company that was sued for allegedly engaging in abusive and deceptive acts and practices by charging fees before it performed any services and collecting higher …
Read More »Ninth Circuit Denies En Banc Petition in CFPB Case Against Seila Law
The Court of Appeals for the Ninth Circuit on Friday denied a petition from one of its own judges to hold an en banc rehearing of the case of CFPB v. Seila Law, arguing that while David may have slayed the giant before the Supreme Court, the Ninth Circuit has …
Read More »