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Debt Collection › Willful Violations

Rivkin Radler LLP

Justices May Hesitate to Review Calif. Fraud Coverage Case

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Many states have statutes or public policy that prohibits insurers from indemnifying policyholders for claims caused by their own willful acts. This is typical in the context of criminal acts or punitive damages, which many...more

Troutman Pepper

Second Circuit Holds Reporting a Judgment as “Satisfied” was Accurate and Provides Guidance on Defending Claims for Willfully...

Troutman Pepper on

The Second Circuit Court of Appeals recently upheld a ruling that reporting a judgment as “satisfied” was accurate under the Fair Credit Reporting Act (FCRA) when the underlying lawsuit was dismissed by stipulation as...more

Ward and Smith, P.A.

Can a Creditor Violate the Automatic Stay in Bankruptcy by Doing Nothing?

Ward and Smith, P.A. on

Filing a bankruptcy petition automatically halts efforts to collect pre-petition debts from the debtor outside of bankruptcy. If a creditor wants to continue a lawsuit against a debtor outside of bankruptcy, repossess...more

Womble Bond Dickinson

Eleventh Circuit Holds an ATDS Must Have Capacity to Randomly or Sequentially Generate Numbers

Womble Bond Dickinson on

The Eleventh Circuit has spoken on the interpretation of the automatic telephone dialing system (“ATDS”) definition, and held that to qualify as an ATDS a device must have the capacity to randomly or sequentially generate...more

Carlton Fields

Telecommunications Giant Hit With TCPA Treble Damages Award For Calls to Reassigned Cell Number

Carlton Fields on

The Telephone Consumer Protection Act (TCPA) prohibits non-emergency calls to cell phone numbers using automatic telephone dialing systems (ATDS) or prerecorded voice messages absent the called party’s prior express consent....more

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