News & Analysis as of

Fair Debt Collection Practices Act Statutory Damages

Fox Rothschild LLP

Appellate Panel Doubles Down on Debt Collectors, Faulting Use of Third-Party Mailing Vendors

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A panel of the Eleventh Circuit has once again held that a debt collector possibly violates the Fair Debt Collection Practices Act (FDCPA) by transmitting private information to a third-party commercial mail vendor. In...more

Troutman Pepper

Washington District Court Awards $60,000 in Emotional Distress Damages to Plaintiffs in FDCPA Case

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In Johnson v. Columbia Debt Recovery, a Washington district court awarded each plaintiff $30,000 in emotional distress damages under the Fair Debt Collection Practices Act (FDCPA), $120 in treble actual damages under the...more

Cozen O'Connor

CFPB Issues Rule In Support Of CDC’s Eviction Moratorium

Cozen O'Connor on

The Consumer Financial Protection Bureau (“CFPB”) issued an interim final rule clarifying and strengthening tenant protections under the Fair Debt Collection Practices Act (“FDCPA”), in support of the Centers for Disease...more

Troutman Pepper

Class Action Defense Strategies in the Eastern District of Virginia’s ‘‘Rocket Docket’’

Troutman Pepper on

Colloquially known as the ‘‘Rocket Docket,’’ the Eastern District of Virginia (‘‘EDVA’’) has been the speediest federal court for civil trials since 2008, according to the annual data compiled by the Administrative Office of...more

Womble Bond Dickinson

Compliance With FCRA’s Requirement To Investigate A Dispute Within 30 Days Does Not Satisfy The FDCPA’s Requirement To Promptly...

Womble Bond Dickinson on

In Francisco v. Midland Funding, No. 17 C 6872, 2019 U.S. Dist. LEXIS 20601, at *2 (N.D. Ill. Feb. 8, 2019), the plaintiff sued Midland Funding LLC and Midland Credit Management, Inc. (“MCM”) under the Fair Debt Collection...more

Spilman Thomas & Battle, PLLC

Update on the West Virginia Legislature: Halfway Point - Issue 6

We are now just over halfway through the legislative session. By Friday, February 8, the 31st day of the 60 day regular session of the West Virginia Legislature, the House of Delegates had introduced 944 bills, while the...more

Burr & Forman

Burr Alert: Fifth Circuit Rejects Consumer’s “Outrageous” FDCPA Attorney’s Fee Request

Burr & Forman on

The Fair Debt Collection Practices Act (“FDCPA”) provides that a consumer is entitled to “reasonable attorney’s fees” as part of a “successful” claim. See 15 U.S.C. § 1692k(a)(3). While courts have found that this provision...more

Bradley Arant Boult Cummings LLP

FACTA Cases Continue to Present Ideal Targets for Spokeo Challenges-Eleventh Circuit Defendants Take Particular Notice

We’ve already written about Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), in which the Supreme Court reaffirmed that all federal plaintiffs, even those alleging a statutory violation, must have suffered a real, concrete...more

King & Spalding

Nicklaw v. CitiMortgage, Inc.: Eleventh Circuit Holds Statutory Violation Insufficient to Confer Article III Standing Absent...

King & Spalding on

On October 6, 2016, the United States Court of Appeals for the Eleventh Circuit issued its opinion in Nicklaw v. CitiMortgage, Inc., dismissing, for lack of Article III standing, a class action complaint that alleged...more

Ballard Spahr LLP

Third Circuit Remands "Meaningful Attorney Involvement" Decision

Ballard Spahr LLP on

The U.S. Court of Appeals for the Third Circuit has vacated the district court's decision in Bock v. Pressler & Pressler, LLP in which the district court ruled that a debt collection law firm violated the Fair Debt Collection...more

WilmerHale

Supreme Court Vacates Ninth Circuit Decision in Spokeo, Remands for Analysis of Concrete Harms

WilmerHale on

On May 16, 2016, the Supreme Court issued its decision in Spokeo v. Robins, which posed the question of whether Article III standing requires a plaintiff to have a concrete injury when alleging a statutory violation under the...more

Burr & Forman

Supreme Court Vacates Ninth Circuit’s Decision in Spokeo, Inc. v. Robbins, Holds “Bare Procedural Violation” of FCRA Does Not...

Burr & Forman on

In a much-anticipated decision, the United States Supreme Court ruled on Monday in Spokeo, Inc. v. Robins, No. 13-1339, 2016 WL 2842447 (May 16, 2016), that a consumer cannot bring a lawsuit in federal court based only on a...more

Bradley Arant Boult Cummings LLP

Statutory Class Actions: Developments and Strategies

In this Newsletter: - An Aspect Of Adequacy: Do Traditional Standing Requirements Apply To Statutory Class Actions? - The Fair Debt Collection Practices Act: A Constantly Shifting Battlefield. - Telephone...more

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