Tag Archives: Court of Appeals for the Ninth Circuit

The Court of Appeals for the Ninth Circuit has affirmed a lower court’s ruling that an individual’s text messages sent to a financial institution constitute providing expressed consent to be contacted on a mobile phone via an automated telephone dialing system under the Telephone Consumer Protection Act, but that the …

The Court of Appeals for the Ninth Circuit yesterday reversed a lower court’s summary judgment ruling in favor of a defendant sued for violating the Fair Credit Reporting Act, determining that the “reasonable investigation” it conducted when the plaintiff disputed the accuracy of the information on his credit report needs …

The Court of Appeals for the Ninth Circuit has upheld the dismissal of a Fair Debt Collection Practices Act case in which a defendant was accused of violating the statute by garnishing the plaintiff’s wages to enforce a nonfinal judgment, ruling that alleging a violation of Washington’s state garnishment law …

A group of five banking trade associations has filed an amicus brief in a case before the Ninth Circuit Court of Appeals taking the stance that the Consumer Financial Protection Bureau and the appellants are wrong in asserting that the Fair Debt Collection Practices Act prohibits debt collectors from collecting …

Seven years. That’s how long items are supposed to stay on your credit report. Consumers know that. Participants in the accounts receivable management industry know that. Just about everyone knows that. But sometimes there are entries on a credit report that make determining whether seven years has past or not …

The Court of Appeals for the Ninth Circuit has partially affirmed and partially reversed a lower court’s ruling in a Fair Debt Collection Practices Act case, determining that the District Court judge should not have granted summary judgment for a collection law firm that “expressly” informed an individual in a …

The Court of Appeals for the Ninth Circuit has affirmed a lower court’s ruling in favor of a defendant that was accused of violating the Telephone Consumer Protection Act by contacting the plaintiff using an automated telephone dialing system. A copy of the ruling in the case of Meier v. …

The Court of Appeals for the Ninth Circuit has partially affirmed and partially overturned a lower court’s ruling in a Fair Debt Collection Practices Act case, determining that the defendant was not entitled to fees and costs from the plaintiff because the District Court judge incorrectly applied a legal doctrine. …

This is a case that should look familiar to anyone who has ever played a game of telephone and learned why firsthand if you need to pass on a message, it’s best delivered to the source, instead of an intermediary. The Ninth Circuit Court of Appeals has affirmed a lower …

The Court of Appeals for the Ninth Circuit has affirmed a lower court’s ruling denying a debt collector’s motion for relief from a judgment because of “gross negligence” by its attorney for failing to respond to a motion for summary judgment filed by the plaintiff in a Fair Debt Collection …