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Debt Collection › Statutory Damages

Ballard Spahr LLP

Eleventh Circuit rules consumers can recover statutory damages for willful FCRA violations without proving actual damages

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Joining every other circuit to address the same issue, the U.S. Court of Appeals for the Eleventh Circuit recently ruled that a consumer does not have to prove actual damages to recover statutory damages for willful...more

Fox Rothschild LLP

Appellate Panel Doubles Down on Debt Collectors, Faulting Use of Third-Party Mailing Vendors

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A panel of the Eleventh Circuit has once again held that a debt collector possibly violates the Fair Debt Collection Practices Act (FDCPA) by transmitting private information to a third-party commercial mail vendor. In...more

Troutman Pepper

Washington District Court Awards $60,000 in Emotional Distress Damages to Plaintiffs in FDCPA Case

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In Johnson v. Columbia Debt Recovery, a Washington district court awarded each plaintiff $30,000 in emotional distress damages under the Fair Debt Collection Practices Act (FDCPA), $120 in treble actual damages under the...more

Vedder Price

TCPA Turnstile: Case Update Vol. 10

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Perhaps not surprisingly, there was no vacation this summer for TCPA litigation. We already addressed the 11th Circuit’s big decision on Article III standing in Salcedo. But we’ve also combed through the 150+ TCPA-related...more

Womble Bond Dickinson

Compliance With FCRA’s Requirement To Investigate A Dispute Within 30 Days Does Not Satisfy The FDCPA’s Requirement To Promptly...

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In Francisco v. Midland Funding, No. 17 C 6872, 2019 U.S. Dist. LEXIS 20601, at *2 (N.D. Ill. Feb. 8, 2019), the plaintiff sued Midland Funding LLC and Midland Credit Management, Inc. (“MCM”) under the Fair Debt Collection...more

Spilman Thomas & Battle, PLLC

Update on the West Virginia Legislature: Halfway Point - Issue 6

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We are now just over halfway through the legislative session. By Friday, February 8, the 31st day of the 60 day regular session of the West Virginia Legislature, the House of Delegates had introduced 944 bills, while the...more

Ballard Spahr LLP

Third Circuit Remands "Meaningful Attorney Involvement" Decision

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The U.S. Court of Appeals for the Third Circuit has vacated the district court's decision in Bock v. Pressler & Pressler, LLP in which the district court ruled that a debt collection law firm violated the Fair Debt Collection...more

Manatt, Phelps & Phillips, LLP

TCPA Connect - May 2016

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BREAKING: SCOTUS Rules on Spokeo, Significant Implications for TCPA Cases - The Supreme Court of the United States ruled yesterday in Spokeo, Inc. v. Robins that a plaintiff must show an injury in fact before pursuing a...more

Burr & Forman

Burr Alert: Blowing The Cap Off Statutory Damages Under The FCCPA?: An Analysis Of Kahmeyer v. Federal Credit Corporation

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In Kahmeyer v. Federal Credit Corporation, the 13th Judicial Circuit in Hillsborough County, Florida released an opinion that has given new life to the argument that each violation of the Florida Consumer Collection Practices...more

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