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Debt Collection Misleading Impressions

Wiley Rein LLP

Wiley Consumer Protection Download (September 17, 2024)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Katten Muchin Rosenman LLP

Pennsylvania AG Settles With Snap for $11.4 Million: The Importance of Compliance for Consumer Finance Companies Operating in the...

On May 15, Pennsylvania Attorney General Michelle Henry (AG Henry) announced an $11.4 million settlement against Snap Finance LLC and its affiliates (Snap RTO LLC, Snap Second Look LLC, and Snap Finance Holdings, LLC) (Snap)...more

Cozen O'Connor

Rent-A-Center Settles Allegations of Deceptive Marketing and Harassing Debt Collection Practices

Cozen O'Connor on

Georgia AG Chris Carr reached a settlement with rent-to-own retailer Rent-A-Center, Inc. to resolve allegations that it violated the Georgia Fair Business Practices Act, the Georgia Lease-Purchase Agreement Act, and the...more

Burr & Forman

Second Circuit Holds Debt Collector Did Not Need to Include Interest Disclosure in Settlement Offer

Burr & Forman on

In its 2016 decision in Avila v. Riexinger & Associates, LLC, the Second Circuit Court of Appeals held that an attempt to collect a debt that states the current balance owed but does not disclose whether interest and fees are...more

Cozen O'Connor

Precious Metals Scam | R, D AGs Weigh In On Pipelines | $60 Million Surgical Mesh Settlement

Cozen O'Connor on

COVID-19- AG Coalitions Tackle PPP, Price Gouging Concerns- •Eighteen Democratic AGs, led by Illinois AG Kwame Raoul, sent a comment letter to the Small Business Administration (“SBA”) opposing the SBA’s proposed rule...more

Cozen O'Connor

COVID-19 Fees Challenged | DC AG Sues Instacart | $10 Million Penalty For Robocalls & False Ads

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COVID-19- Senior Living Facilities Warned Against Charging Potentially Illegal COVID-19 Fees- •Michigan AG Dana Nessel sent cease and desist letters to senior living facilities owner CSIG Holding Co. LLC, management...more

Ballard Spahr LLP

Involvement in "Hallmark" Debt Collection Activities Not Required for "Meaningful Participation" under FDCPA, Ninth Circuit Rules

Ballard Spahr LLP on

A company did not violate the Fair Debt Collection Practices Act (FDCPA) by creating a false impression that it was meaningfully involved in a medical center’s debt collection, even though it “did not engage in many of the...more

Smith Debnam Narron Drake Saintsing & Myers,...

District Court Holds That A Debt Collector May Not Rely On Information Provided By Creditor, Rejects Bona Fide Error Defense Claim

A District Court in the Seventh Circuit has held that a debt collector may not avail itself of the § 1692k(c) bona fide error defense if it “intentionally chose to present conflicting information,” even if that conflicting...more

Smith Debnam Narron Drake Saintsing & Myers,...

No interest? No Disclosure? No Problem!

The juxtaposition of Sections 1692e and 1692g continues to be a battle ground for the consumer bar and collection industry. Section 1692e prohibits false, deceptive or misleading representations in connection with the...more

Dorsey & Whitney LLP

Who Is Exempt From Liability For Deceptive Debt Collection Claims?

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On December 11, 2015, the U.S. Supreme Court granted certiorari to hear a dispute concerning allegations of deceptive debt collection by lawyers. The case, Sheriff v. Gillie, was brought under the Fair Debt Collection...more

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