In this episode of Consumer Finance Compass, Balch’s Jason Tompkins, partner in Balch & Bingham’s Consumer Finance Compliance & Defense Practice, explores the Third Circuit’s new decision holding that furnishers have no...more
The Eleventh Circuit recently weighed in on a common practice—reporting debts subject to bankruptcy. In the process of so doing, the opinion in Losch v. Nationtar Mortgage LLC provided litigants some key insights in Fair...more
To start with the headline, on April 21, 2021, the Eleventh Circuit Court of Appeals held that a debt collector sending personal identifying information to dunning letter vendors states a claim under the Fair Debt Collection...more
Few decisions in the world of the Telephone Consumer Protection Act (“TCPA”) have been more awaited than Facebook, Inc. v. Duguid, 592 U.S. — (2021). There, the Supreme Court of the United States (“SCOTUS”) wrestled with the...more
Two recent opinions show that litigants should always determine whether compelling arbitration is viable tactic in fighting claims under the Telephone Consumer Protection Act (TCPA). ...more
The Ninth Circuit Court of Appeals recently held that an original creditor was liable under the Telephone Consumer Protection Act (TCPA) for calls made by a debt collector with which the creditor had no contractual...more
On May 7, 2019, the Consumer Financial Protection Bureau (CFPB) released a much anticipated proposed rule regarding the Fair Debt Collection Practices Act (FDCPA). ...more
In Pozzuolo v. Portfolio Recovery Associates, LLC, the Eastern District of Pennsylvania recently dismissed the named plaintiff of a putative class action for lack of standing to bring suit. ...more
In 2017, National Union Fire Insurance Co. of Pittsburg, Pa. successfully obtained dismissal of an insurance denial suit by Yahoo! brought in the U.S. District Court for the Northern District of California....more
The Southern District of Florida recently ruled that ringless voicemails (RVM) are “calls” under the Telephone Consumer Protection Act (TCPA). In Schaevitz v. Braman Hyundai, No. 1:17-cv-23890 (S.D. Fla. Mar. 25, 2019) the...more
Last week the District of Ohio, in Barton v. Credit One Financial, held that a consumer could not orally and unilaterally revoke consent under the Telephone Consumer Protection Act (TCPA) to be called once given...more
In Boger v. Trinity Heating & Air, Inc., a court in the District of Maryland permitted Boger to bring simultaneous claims under the Maryland Telephone Consumer Protection Act (MTCPA) and the federal Telephone Consumer...more
Last week, in Fuller v. Frontline Asset Strategies, Inc., the Northern District of Illinois compelled arbitration of Fair Debt Collection Practices Act (FDCPA) claims against LVNV Funding, LLC (LVNV), Resurgent Capital...more
According to a report from leading litigation-monitoring service WebRecon, Fair Credit Reporting Act (FCRA) filings have begun to outnumber Telephone Consumer Protection Act (TCPA) filings across the country in recent months....more
In Ratliff v. A&R Logistics, Inc., the plaintiff claimed A&R denied him a job based on a background check without the appropriate adverse action process. Under the Fair Credit Reporting Act (FCRA), notice pre- and...more
This article addresses the Court’s reversal of over a decade of confusion regarding autodialers. The TCPA defines an autodialer (automatic telephone dialing system, or ATDS) as “equipment which has the capacity (a) to store...more
3/20/2018
/ Appeals ,
ATDS ,
Auto-Dialed Calls ,
Consent ,
Consumer Financial Products ,
Exemptions ,
FCC ,
Health Care Providers ,
Revocation ,
Safe Harbors ,
TCPA
Here, we address one significant component of the decision: the D.C. Circuit’s confirmation that consumers may revoke consent to call by any reasonable means but with the qualification that parties may be able to contract...more
3/20/2018
/ Appeals ,
ATDS ,
Auto-Dialed Calls ,
Consent ,
Consumer Financial Products ,
Exemptions ,
FCC ,
Health Care Providers ,
Revocation ,
Safe Harbors ,
TCPA
Here, we examine the D.C. Circuit’s reversal of not simply the one-call safe harbor for reassigned numbers imposed by the FCC’s 2015 TCPA ruling but also the Commission’s treatment of reassigned numbers as a whole. ...more
3/20/2018
/ Appeals ,
ATDS ,
Auto-Dialed Calls ,
Consent ,
Consumer Financial Products ,
Exemptions ,
FCC ,
Health Care Providers ,
Revocation ,
Safe Harbors ,
TCPA
In a watershed case, the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) unwound key components of the controversial 2015 ruling by the Federal Communications Commission (FCC or Commission)...more
3/19/2018
/ Appeals ,
ATDS ,
Auto-Dialed Calls ,
Consent ,
Consumer Financial Products ,
Exemptions ,
FCC ,
Health Care Providers ,
Revocation ,
Safe Harbors ,
TCPA
Last week, in Schweitzer v. Comenity Bank, the Eleventh Circuit held that a consumer can partially revoke consent to be called under the Telephone Consumer Protection Act (TCPA). Schweitzer gave her cell phone number when...more
What to do now about the new CFPB rule on arbitration? (1) begin planning now and (2) begin actual preparation after the 60 days runs.
Congress has 60 days after publication of the new CFPB rule to take action to stop the...more
The Dodd Frank Act expressly provided that any CFPB rule on arbitration would not apply to existing contracts. 12 U.S.C. § 5518(d). Therefore, the CFPB rule released last week will only bar class action waivers for...more
The Consumer Financial Protection Bureau (CFPB) issued a rule yesterday prohibiting class action waivers in arbitration provisions of certain consumer contracts. The rule—to be codified at 12 C.F.R. § 1040—does far more than...more
Last week, the Second Circuit Court of Appeals, in Reyes v. Lincoln Automotive Financial Services, held that contractual consent—once given—cannot be unilaterally revoked. The landmark Telephone Consumer Protection Act (TCPA)...more
Yesterday, the Supreme Court of the United States issued its opinion in Henson v. Santander Consumer USA, Inc.—Justice Gorsuch’s first as a Supreme Court Justice. The question presented was whether “individuals and entities...more
6/13/2017
/ Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Creditors ,
Debt Buyers ,
Debt Collection ,
Debt Collectors ,
FDCPA ,
Henson v Santander Consumer USA ,
Popular ,
SCOTUS ,
Third-Party Service Provider ,
Unfair or Deceptive Trade Practices