The Third Circuit recently doubled-down on its decision in Douglass v. Convergent Outsourcing, 765 F.3d 299 (3rd Cir. 2014). In Douglass, the Third Circuit held that displaying an internal collection agency reference number...more
District Court Takes Expansive View of Deceptive or Misleading Practices under FDCPA -
The FDCPA prohibits a debt collector from using "any false, deceptive, or misleading representation" in connection with the collection...more
5/11/2018
/ Administrative Appointments ,
Article III ,
ATDS ,
Collection Agencies ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Reports ,
Debt Collection ,
Disclosure Requirements ,
FCC ,
FDCPA ,
Fees ,
Financial Services Industry ,
Foreclosure ,
Interest Accrual ,
Proposed Legislation ,
Safe Harbors ,
Strategic Enforcement Plan ,
TCPA ,
Unfair or Deceptive Trade Practices
The Sixth Circuit recently made clear its position that “Congress cannot override the baseline requirement[s] of Article III of the U.S. Constitution by labeling the violation of any requirements of a statute a cognizable...more
The Fourth Circuit recently examined the issue of Article III standing in the context of the FDCPA. In Ben-Davies v. Blibaum & Associates, P.A., 2017 U.S. App. LEXIS 9667 (4th Cir. June 1, 2017), the consumer sought to...more
6/7/2017
/ Article III ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Corporate Counsel ,
Debt Buyers ,
Debt Collection ,
Debt Collectors ,
FDCPA ,
Federal Rule 12(b)(1) ,
Financial Services Industry ,
Injury-in-Fact ,
Standing ,
Third-Party Service Provider
An Illinois district court has taken a broad view of standing under section 1692e of the FDCPA. In Koval v. Harris & Harris, Ltd., 2017 U.S. Dist. LEXIS 53124 (N.D. Ill. Apr. 5, 2017), a demand letter addressed to Michael...more
A consumer who sued a debt collector over an inaccurate statement as to the amount of a settlement offer recently saw his complaint dismissed for lack of standing. In Allgire v. HOVG, LLC, the plaintiff was contacted...more
A district court from New York recently ruled that even assuming a creditor’s initial TILA disclosures falls short under the statutory requirements, the plaintiff must show an injury in fact in order to have standing under...more
3/13/2017
/ Article III ,
Consumer Lenders ,
Credit Cards ,
Disclosure Requirements ,
Fees ,
Financial Institutions ,
Injury-in-Fact ,
Motion to Dismiss ,
Retailers ,
Standing ,
Truth in Lending Act (TILA)
A recent district court opinion from Michigan makes clear that statutory violations of the FDCPA do not absolve a plaintiff from the need to show a concrete injury in order to establish Article III standing. In Johnston v....more
The Ninth Circuit recently weighed in on the limitations of prior express consent and revocation under the Telephone Consumer Protection Act (the “TCPA”). In Van Patten v. Vertical Fitness Group, LLC, the consumer provided...more
2/14/2017
/ Article III ,
Corporate Counsel ,
FCC ,
Gym Memberships ,
Injury-in-Fact ,
Marketing ,
Prior Express Consent ,
Putative Class Actions ,
Revocation ,
Standing ,
Summary Judgment ,
TCPA ,
Telecommunications ,
Text Messages
A district court out of Missouri has served up a reminder as to the limitations of a motion to dismiss based upon subject matter jurisdiction. In May v. Consumer Adjustment Co., the consumer filed an FDCPA complaint is state...more
2/13/2017
/ Article III ,
Debt Collection ,
Demand Letter ,
FDCPA ,
Financial Institutions ,
Financial Services Industry ,
Injury-in-Fact ,
Motion to Dismiss ,
Spokeo v Robins ,
Standing ,
Subject Matter Jurisdiction
A district court from New York recently ruled that even assuming a creditor’s initial TILA disclosures fell short under the statutory requirements, the plaintiff must show an injury in fact in order to have standing under...more
2/3/2017
/ Article III ,
Banking Sector ,
Comenity Bank ,
Credit Cards ,
Disclosure Requirements ,
Fees ,
Injury-in-Fact ,
Lenders ,
Motion to Dismiss ,
Nordstrom Inc. ,
Retail Market ,
Retailers ,
Standing ,
Truth in Lending Act (TILA)