News & Analysis as of

Debt Collection Misleading Statements

Sheppard Mullin Richter & Hampton LLP

CFPB Settles Claims Against Operator of Training Program for Activities Arising out of Income Share Agreements

On November 20, the CFPB, along with 11 state attorneys general and state regulators, entered into a stipulated final judgement and order with a Delaware-based company and two affiliated companies (“defendants”) in the...more

Troutman Pepper

Washington Federal Court Holds “Vague” and “Conclusory” References to “Reasonable Procedures” Not Enough to Establish FDCPA’s Bona...

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In Gebreseralse v. Columbia Debt Recovery, LLC, the plaintiff, a tenant under a residential lease agreement, vacated the premises early due to concerns over the property’s condition. In response, the property management...more

Hudson Cook, LLP

CFPB Sues Lease-To-Own Finance Company

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The Consumer Financial Protection Bureau filed a lawsuit against a lease-to-own-finance company and several related companies (collectively, the "Company"), alleging that the Company violated various federal consumer...more

Sheppard Mullin Richter & Hampton LLP

CFPB Settles with “Debt Collection Mill”

On January 11, the CFPB and a debt-collection law firm it sued in 2019 for illegal debt-collection practices reached settlement. The CFPB included in its initial complaint against the defendant allegations that the law firm...more

Wiley Rein LLP

Wiley Consumer Protection Download (June 21, 2022)

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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

Goodwin

Arizona AG Announces $1.6 Million Settlement with Debt Collectors

Goodwin on

On May 16, 2022, the Arizona Attorney General’s Office (Arizona AG) announced that it reached a settlement agreement with the owner of several debt collection companies regarding alleged deceptive debt collection practices in...more

Cozen O'Connor

California AG Recovers $22 Million from Online University

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California AG Rob Bonta secured over $22 million in civil penalties from online for-profit school Ashford University and its parent company (collectively, “Ashford”) after a state court found that Ashford made false or...more

King & Spalding

Eleventh Circuit Rejects Standing in FDCPA Case Where Plaintiffs Received Allegedly Misleading Letters, But Were Not Misled

King & Spalding on

On July 6, the Eleventh Circuit held that two recipients of debt collection letters lacked Article III standing to pursue claims against a debt collection agency under the Fair Debt Collection Practices Act (“FDCPA”). ...more

Smith Debnam Narron Drake Saintsing & Myers,...

Statement that Debt Collector Would Call Overshadows 1692g Notice

A recent case from a Wisconsin district court serves as a reminder that the best approach to a 1692g notice is that it stands alone. In Maniaci v. The Receivable Management Services Corp., 2018 U.S. Dist. LEXIS 109087 (E.D....more

Ballard Spahr LLP

Federal Court Dismisses Class Action Alleging Solicitation for Payments on Time-Barred Debt is "Misleading" Under FDCPA

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A federal district court in New Jersey dismissed a putative class-action lawsuit against Total Card, Inc. (TCI), a South Dakota-based debt collector. The plaintiff alleged that TCI violated the Fair Debt Collection Practices...more

Smith Debnam Narron Drake Saintsing & Myers,...

Misstated Summons Did Not Create FDCPA Violation

A summons which stated the consumer had thirty days to answer a debt collection suit did not violate the FDCPA when the state rules of civil procedure only provided for twenty days. In Bryant v. Kass Shuler, P.A., the...more

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