Debt Collectors, Contract Terms

Consumer Law Hinsights – April 2020

Hinshaw & Culbertson - Consumer Financial... on 4/26/2020

Welcome to Consumer Law Hinsights?a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. This edition highlights our interactive COVID-19...more

Court Compels Arbitration Based on Text Message Agreement

Carlton Fields on 7/18/2019

A district court has granted a motion to compel arbitration based on an arbitration clause in an agreement sent via text message and agreed to via a reply text. ...more

Federal Court Applies Nevada’s Interest Statute in FDCPA Case

Brownstein Hyatt Farber Schreck on 4/29/2019

Debt collectors are often at the mercy of their client’s customer contracts when collecting a debt. We often encourage debt collectors to work with their clients to fashion consumer contracts that avoid or minimize FDCPA risk...more

Bargained-For Consent: An Increasingly Viable Defense to TCPA Claims

Akin Gump Strauss Hauer & Feld LLP on 9/6/2018

• In most TCPA cases, a threshold question is whether a called party has provided prior express consent to receive calls (or texts) using an automatic telephone dialing system. • While numerous courts have ruled that a party...more

Irrevocable Consent Comes to the Eleventh Circuit: Two District Courts Apply Reyes to Boot TCPA Cases

Bradley Arant Boult Cummings LLP on 9/5/2018

A critical question in Telephone Consumer Protection Act (TCPA) cases is whether the plaintiff gave consent to receive communications from the defendant, and whether that consent had been revoked by the time of the...more

Debt Collection Letter's Inclusion Of Court Costs Was Not Deceptive

Smith Debnam Narron Drake Saintsing & Myers,... on 1/11/2018

Any opinion that starts out by stating “[t]his case is about $82.00” is not likely to go well for one party and in this instance, that was the case for Nestor Saroza....more

Revisiting the West Virginia Consumer Credit and Protection Act – Again

Spilman Thomas & Battle, PLLC on 4/24/2017

For the second time in two years, West Virginia’s legislature passes a bill to modify the state consumer protection law....more

CFPB enters into consent order with credit union

Ballard Spahr LLP on 10/17/2016

The CFPB announced that it has entered into a consent order with Navy Federal Credit Union to settle allegations that the credit union engaged in unfair and deceptive collection practices in violation of the Consumer...more

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