Seventh Circuit rules Disclosure of Personal Information to Vendor is not an Injury
CFPB Advisory Opinion on Time-barred Debt Collection - The Consumer Finance Podcast
CFPB's Policy Statement on Abusiveness (Part 2) - The Consumer Finance Podcast
Recent Trends in Article III Standing - The Consumer Finance Podcast
2022 Year in Review and Look Ahead Crossover With FCRA Focus - The Consumer Finance Podcast
2022 Year in Review and Look Ahead Crossover With The Consumer Finance Podcast - FCRA Focus
Connecticut Collections: How to get paid if you are owed money? Part 1: Pre and Post-Judgement Collection Specifics
Can My Creditors Put me In Jail?
20 Things a Debt Collector Can't Do
5 Reasons Consumers Should File an FDCPA Lawsuit
The TCPA: Basics, Targeted Industries, and Trends
Bill on Bankruptcy: Detroit Shows Need for Amending Bankruptcy Law
Real Property Update - Equitable Subrogation: Record contained evidence demonstrating that Tank Tech had repaired tanks alleged damaged by improper testing and that it had paid or reimbursed Circle K for expenses incurred...more
The Eleventh Circuit’s far-reaching decision in Hunstein v. Preferred Collection and Management Services, Inc. — which we previously covered on this blog — continues to raise questions for the wide range of industries that...more
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
CFPB Issues Final Debt Collection Rule - Among other points, the first installment allows for using text messaging and email when collecting on debts, provided that the debt collector gives instructions about how to...more
Barr v. American Association of Political Consultants, Inc., Case No. 19–631 (2020). The federal government cannot exempt itself from the anti-robocall provisions of the Telephone Consumer Protection Act of 1991, 47 U. S. C....more
Real Property Update - Construction Lien: a delinquency charge of 1.5 percent found in materialman's contract with general contractor is not a finance charge recoverable under the materialman lien statute, Florida Statutes...more
On May 21, the CFPB published its long-awaited proposed rule on debt collection practices (“Proposed Rule”) in large part to address application of the Fair Debt Collection Practices Act (“FDCPA”) to modern collection issues....more
Recent News - FCC to Address Two Call Blocking Items at its June Meeting - On May 15th, the FCC provided a preview of two TCPA-related items that will be addressed at its June 6, 2019 Open Meeting. First, the FCC...more
Eighth Circuit Holds That Filing Accurate Proof of Claim on Time-Barred Debt Does Not Violate the FDCPA - Nelson v. Midland Credit Mgmt., Inc., No. 15-2984, 2016 WL 3672073 *1 (8th Cir. July 11, 2016) - On July 11,...more
FCC: U.S. Government Is Not a Person Under TCPA - In response to petitions filed by three government contractors seeking clarification that the federal government and its agents were exempt from liability under the...more
As lawsuits asserting claims under the Telephone Consumer Protection Act, 47 U.S.C. § 227 (the “TCPA”), continue to rise in the wake of the consumer-friendly Declaratory Ruling and Order issued by the Federal Communications...more
Prior Express Consent Exists When Cellphone Number Is Shared With Intermediary - Joining other federal appellate courts, the Sixth Circuit Court of Appeals recently held that prior consent that is provided indirectly to...more
Beginning with a May 2015 field hearing and request for information – and culminating consent order dated July 22, 2015 – recent actions by the Consumer Financial Protection Bureau (CFPB) highlight its increasing focus on...more
The Telephone Consumer Protection Act (TCPA) was originally enacted to curb intrusive telemarketing and "robo" calls by restricting calls made to residences, and those made to cell phones using automated telephone dialing...more
Every week, courts around the United States issue decisions addressing aspects of civil UDAAP claims. In an effort to illuminate the UDAAP standards, below is a sampling of some of this week’s UDAAP decisions on the meaning...more
The U.S. District Court for the Middle District of Pennsylvania recently ruled that a debt collector did not violate the Fair Debt Collection Practices Act (FDCPA) because it failed to identify itself at the beginning of a...more
“Natural” False Ad Settlements for $9 Million, $3.2 Million - Two consumer class actions alleging that “natural” claims were false and deceptive reached settlement deals recently, with Naked Juice agreeing to pay $9...more