As U.S. consumer solar energy use increases, so does potential exposure under state consumer protection statutes. A recent decision by the California Court of Appeals in the case of Hagey v. Solar Service Experts, LLC...more
9/18/2023
/ California ,
Clean Energy ,
Consumer Protection Act ,
Debt Collection ,
Debt Collectors ,
FDCPA ,
Homeowners ,
Installment Agreements ,
Non-Parties ,
Payment Plans ,
Renewable Energy ,
Solar Energy ,
Solar Panels ,
The Rosenthal Act
Last week, the Ninth Circuit Court of Appeals affirmed a lower court’s denial of preliminary injunctive relief to plaintiffs challenging Nevada Senate Bill 248 (S.B. 248), which places new restrictions on the collection of...more
6/26/2023
/ Constitutional Challenges ,
Coronavirus/COVID-19 ,
Debt Collection ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Regulatory Reform ,
First Amendment ,
Medical Debt ,
Nevada ,
New Legislation ,
Preemption ,
Preliminary Injunctions ,
Section 7
Nearly two years after the Supreme Court’s 2021 decision in Transunion v. Ramirez, courts and litigants continue to grapple with standing issues in Fair Debt Collection Practices Act (FDCPA) cases brought by plaintiffs...more
May a debt collector incur liability under the Fair Debt Collection Practices Act (FDCPA) by seeking to collect a debt under a state court judgment later determined to be void? Not according to the Third Circuit Court of...more
A recent opinion issued by the Tenth Circuit serves as further confirmation that plaintiffs bringing Fair Debt Collection Practices Act (FDCPA) claims in federal court must allege sufficient concrete injury — tangible or...more
A recent federal district court opinion highlights the potential pitfalls associated with renewals of unsatisfied default judgments. The case, Sarah Pitera v. Asset Recovery Group Inc., No. 2:22-cv-00255-TL (W.D. Wash.),...more
“Convenience” fees charged to consumers for the use of certain debt payment options have come under increased scrutiny, as regulators have sought to limit charges and other back-end fees that may come as a surprise to...more