APPEALS COURT AFFIRMS RULING FOR DEFENSE IN FCRA CLASS ACTION The Court of Appeals for the Ninth Circuit has affirmed a lower court’s ruling in a Fair Credit Reporting Act class action, determining that the defendant’s decision to access the plaintiff’s credit report in order to obtain a mailing address …

Iowa has become the latest state to pass its own privacy legislation, while at the same time the state of Colorado has finalized the rules for its Privacy Act, which is is scheduled to go into effect on July 1. In Iowa, both houses of the state legislature have passed …

The Court of Appeals for the Ninth Circuit has affirmed a lower court’s ruling in a Fair Credit Reporting Act class action, determining that the defendant’s decision to access the plaintiff’s credit report in order to obtain a mailing address so it could attempt to collect on a debt was …

A District Court judge in Colorado has denied a defendant’s motion for reconsideration and a motion to certify a matter for interlocutory appeal in a Fair Debt Collection Practices Act class-action lawsuit, disagreeing with the defendant’s argument that there has been a change in the controlling law since the original …

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FDCPA CLASS ACTION FILED OVER WHETHER ATTORNEY WAS ACTING AS COLLECTOR Having read a fair number of complaints invoking allegations of the Fair Debt Collection Practices Act, there are a lot of similar points in the collection process where a plaintiff feels that he or she has been wronged. This, …

The U.S. Chamber of Commerce’s Institute for Legal Reform has published a report calling out plaintiff’s attorneys for filing hundreds or thousands of similar demands against a defendant in arbitration proceedings that force defendants to settle claims in a form of “blackmail.” A copy of the report can be accessed …

Too little, too late, a District Court judge in New York has ruled, granting a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, determining that claims raised by the plaintiff in opposing the motion to dismiss to prove she had standing do not reach the threshold necessary …

The Consumer Financial Protection Bureau yesterday released a bulletin warning companies to go back and look at money it collected from individuals with student loans to make sure they were not collecting money for loans that had been properly discharged during bankruptcy proceedings, and if it had collected on those …

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