After a car dealership (allegedly) texted a person who listed a car for sale on Craiglist, the would be seller filed a class action suit against the dealer claiming the texts were unsolicited, made without consent, and...more
A Flawed Class Definition – Court Grants Defendant's Motion to Strike Consumer's Proposed Class -
Cholly v. The Uptain Group., et al, 1:15-cv-05030 -
In Cholly v. The Uptain Group Inc., et al, the defendant debt...more
3/20/2017
/ Article III ,
ATDS ,
Consumer Financial Products ,
Debt Collectors ,
Debtors ,
FDCPA ,
Mootness ,
Motion To Strike ,
Spokeo v Robins ,
Standing ,
TCPA
D.C. Circuit Delivers First Blow to CFPB, Trump Win Delivers Second -
The future of the Consumer Financial Protection Bureau (CFPB) is up for grabs following a landmark Court of Appeals Decision, PHH Corporation v....more
11/22/2016
/ Administrative Proceedings ,
Article II ,
Banking Sector ,
Constitutional Challenges ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Debt Collectors ,
Dodd-Frank ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Foreclosure ,
HUD ,
Kickbacks ,
Mortgages ,
PHH Corp. v CFPB ,
Referral Fees ,
Reinsurance ,
Removal For-Cause ,
RESPA ,
Single Director ,
Spokeo v Robins ,
Statute of Limitations ,
Statutory Interpretation
Courts Are Giving "Standing" Teeth After Spokeo -
Since the U.S. Supreme Court ruling in Spokeo, Inc., v. Robins, courts have further clarified and interpreted the Spokeo decision. Spokeo held that (i) in order to...more
Seventh Circuit Rules: Filing a Proof of Claim for Old Debt Is Okay — Circuits Split -
Owens et al. v. LVNV Funding LLC et al., Nos. 15-2044, 15-2082, 15-2109 (7th Cir. Aug.10, 2016) -
In Owens v. LVNV Funding LLC,...more
8/30/2016
/ Appeals ,
Consumer Financial Protection Bureau (CFPB) ,
Damages ,
Debt Collectors ,
Debtors ,
Evidence ,
FDCPA ,
Foreclosure ,
Mortgage Lenders ,
Pre-Judgment Interest ,
Proof of Claims ,
Reversal ,
Split of Authority ,
Spokeo ,
Spokeo v Robins ,
Standing ,
Tax Sales ,
TCPA
Spokeo Inc. v. Thomas Robins et al., No. 13-1339 (2016) -
On May 16, 2016, the U.S. Supreme Court, by a vote of 6-2, set aside a lower court decision on whether what might be a technical statutory violation gives a...more