Compliance

A Connecticut-based collection agency is the subject of a class-action lawsuit for allegedly attempting to collect debts in Massachusetts without a license. A plaintiff, Robin Ray, filed the lawsuit against Atlantic Collection Agency yesterday in a federal court in Massachusetts. A copy of the complaint can be accessed by clicking …

A federal judge in Michigan has granted summary judgment in favor of a collection agency that was sued for allegedly violating the Fair Debt Collection Practices Act by misrepresenting the amount owed and did not include any mention that the amount owed included interest in a collection letter sent to …

A federal judge has dismissed a class-action lawsuit alleging violations of the Fair Debt Collection Practices Act by a collection law firm, opining that the plaintiff’s arguments about a collection letter being misleading are “idiosyncratic.” A copy of the ruling in the case of Rueda v. Foster & Garbus can …

The defendant in a Telephone Consumer Protection Act case that has rocked the ARM industry yesterday filed a request with the Ninth Circuit Court of Appeals seeking a full hearing before a full slate of the court’s judges in an attempt to overturn a decision about what constitutes an automatic …

The Bureau of Consumer Financial Protection has entered into a consent order with Bluestem Brands, Inc.; Bluestem Enterprises, Inc.; and Bluestem Sales, Inc., which collectively operate the Fingerhut and Gettington.com brands, for not forwarding payments made by individuals on delinquent accounts fast enough to the entities that purchased those debts. …

A federal judge has denied certification of a class-action lawsuit against a collection agency accused of violating the Fair Debt Collection Practices Act because the named plaintiff is not an adequate representative of the class since it appears his confusion over the name of the creditor in the collection letter …

The Federal Communications Commission has re-opened the comment period on its proposed changes to the Telephone Consumer Protection Act, specifically seeking input on how the decision in Marks v. Crunch San Diego affects the definition of what constitutes an automatic telephone dialing system. The FCC has been working on updates …

A District Court judge has granted summary judgment in favor of a defendant that was accused of violating the Fair Debt Collection Practices Act by not clearly identifying the current creditor in a collection letter. A copy of the ruling in Smith v. Simm Associates can be accessed by clicking …

The Court of Appeals for the Fifth Circuit has upheld a lower court’s decision granting summary judgment in favor of a defendant that was accused of violating the Fair Credit Reporting Act by not adequately investigating a dispute of a debt. A copy of the unpublished opinion in Hall v. …

The Eleventh Circuit Court of Appeals yesterday heard arguments in a case — John Salcedo v. Alex Hanna — in which a former client of a law firm is alleging the firm violated the Telephone Consumer Protection Act by sending him a single text message without his consent. Salcedo alleged …