Determining that a plaintiff’s recollection of how many calls he purported to receive and how many times he told a debt collector to stop calling because it had the wrong number was “blatantly contradicted” by his own phone records and those of the collection agency, a District Court judge in …
Read More »Company Being Sued by CFPB Opposes Agency’s Request For Stay Before Appeals Court
A company that is being sued by the Consumer Financial Protection Bureau for allegedly scamming first responders and players in the National Football League has opposed a motion filed by the CFPB seeking to stay arguments in its case pending the outcome of the Supreme Court’s decision in Seila Law …
Read More »FDCPA, TCPA Suit Totals Keep Falling As FCRA Suits Increase: WebRecon
The number of lawsuits alleging violations of the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act continue to remain well below the pace from last year, according to data released recently by WebRecon. Through the first three-quarters of 2019, the number of FDCPA claims is down 9.4% …
Read More »Compliance Digest – October 28
Every week, AccountsRecovery.net brings you the most important news in the industry. But, with compliance-related articles, context is king. That’s why the brightest and most knowledgable compliance experts are sought to offer their perspectives and insights into the most important news of the day. Read on to hear what the …
Read More »Judge Grants Motion for Judgment on Pleadings in FDCPA Case Referencing ‘Balance Due’ in Letter
A District Court judge in Pennsylvania has granted a defendant’s motion for judgment on the pleadings after it was sued for allegedly violating the Fair Debt Collection Practices Act by referencing the “balance due” in a collection letter which could have meant that the balance may increase in the future. …
Read More »Judge Denies Motion to Enjoin CFPB From Seeking Information From Third Parties
A District Court judge in the District of Columbia has denied a defendant’s motion to enforce a modified civil investigative demand from the Consumer Financial Protection Bureau because what the CFPB is doing was not prohibited under the terms of the modified CID. A copy of the order in the …
Read More »DeVos Fined $100k For Violating Judge’s Order to Stop Collecting Certain Student Loans
A federal judge in California has imposed a $100,000 fine on Education Secretary Betsy DeVos after ruling she was in contempt of court for continuing to collect on student loans even though a court order had prohibited her from doing so. The proceeds from the fine will be put toward …
Read More »Appeals Court Rules Certain Student Loans Can Be Discharged During BK
The Court of Appeals for the Fifth Circuit has ruled that a bankruptcy court did not err in discharging certain types of student loans during bankruptcy proceedings and that a bankruptcy court does not have the authority to enforce discharge injunctions entered into in other courts, remanding the case back …
Read More »Appeals Court Upholds MSJ in FDCPA Case Over Partially Discharged Debt
The Court of Appeals for the Third Circuit has issued a non-precedential ruling that upholds a lower court’s decision to grant summary judgment in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act by mis-stating that amount that was owed. A copy of the …
Read More »Supreme Court Picks Lawyer Who Will Defend CFPB in Seila Law Case
The Supreme Court has chosen Paul Clement, a former solicitor general under President George W. Bush, to defend the current leadership structure of the Consumer Financial Protection Bureau in the case of Seila Law v. CFPB. The choice was necessary because the CFPB — along with the current solicitor general …
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