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Seventh Circuit Reverses Summary Judgment on Fair Debt Collection Practices Claim Reasoning Lack of Standing

Burr Forman

SEPTEMBER 3, 2021

On August 31, 2021, the Seventh Circuit Court of Appeals reversed a summary judgment decision from the United States District Court for the Northern District of Illinois, and remanded the action with instructions to dismiss for lack of subject matter jurisdiction. 19-1400, 2021 WL 3877930 (7th Cir. 19-1400, 2021 WL 3877930 (7th Cir.

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A Sign of Things to Come? FDCPA, FCRA, and TCPA Filings Increase in January 2022 Compared to Same Time Period Last Year

Troutman Sanders

FEBRUARY 28, 2022

The filing lawsuits under the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), and the Telephone Consumer Protection Act (TCPA) increased dramatically in the first month of 2022 when compared to the number of filings in January and December 2021, per a report released recently by Web Recon LLC.

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Georgia Federal Court Dismisses Claims Against Debt Collector For Calls Made To Debtor’s Mother

Collection Industry News

JANUARY 3, 2022

The United States District Court for the Northern District of Georgia recently dismissed all claims made against debt collector Capital Link Management (“Capital Link”) for alleged violations of the Fair Debt Collection Practices Act (“FDCPA”) and Georgia Fair Business Practices Act (“GFBPA”) arising from calls made to the debtor’s mother.

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New York District Court Dismisses Six FDCPA Cases Invoking “Mailing Vendor” Theory Emanating from the Eleventh Circuit Hunstein Decision

Troutman Sanders

JULY 30, 2021

Ramirez decision and standing law’s interaction with the 11 th Circuit’s Hunstein v. Preferred Collection & Management Services decision. 1692c(b) of the Fair Debt Collection Practices Act (FDCPA). The court’s holding shows the potential impact of the TransUnion v. System; Ford v.

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Court: “Confusion, Stress, Concern, and Fear” Alone Are Not Enough to Create Concrete Injury Under FDCPA

Troutman Sanders

MARCH 26, 2021

The letters informed the plaintiff that, in exchange for payment of his discharged debt, the defendant would “update credit data it may have previously submitted regarding this debt.”. District Court for the Southern District of Indiana, asserting two claims under the Fair Debt Collection Practices Act, 15 U.S.C.

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Sixth Circuit Dismisses FDCPA Voicemail Case For Lack of Standing

Burr Forman

AUGUST 18, 2021

In line with the recent trend of courts giving increased scrutiny to standing in consumer finance cases, the Sixth Circuit Court of Appeals dismissed an appeal this week under the Fair Debt Collection Practices Act (“FDCPA”) for lack of Article III standing in Ward v. 20-5902, 2021 WL 3616067, — F.4th

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New York District Court Dismisses 6 FDCPA Cases Invoking Mailing Vendor Theory Emanating From The 11th Circuit Hunstein Decision

Collection Industry News

AUGUST 3, 2021

Ramirez decision and standing law’s interaction with the 11 th Circuit’s Hunstein v. Preferred Collection & Management Services decision. 1692c(b) of the Fair Debt Collection Practices Act (FDCPA). The court’s holding shows the potential impact of the TransUnion v. System; Ford v.

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CFPB Acting Director Uejio And FTC Acting Chairwoman Slaughter Issue Joint Statement On Preventing Illegal Evictions

Collection Industry News

APRIL 2, 2021

WASHINGTON , DC (March 29, 2021) —. A recent CFPB report found that over 11 million families are behind on their rent or mortgage payments: 2.1 Source: site. CFPB Acting Director Uejio and FTC Acting Chairwoman Slaughter Issue joint statement on preventing illegal evictions. million are behind on rent.

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Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

AUGUST 1, 2023

An amendment in the NDAA to update the Fair Debt Collection Practices for Servicemembers Act passed in the Senate by a vote of 95-2. The OAG initially filed the lawsuit in June 2021, and as part of the judgment, between $450,000 and $2.5 The amendment, led by U.S. Bonta, along with the U.S.

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Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

MAY 2, 2023

On April 28, the CFPB issued an interim final rule, amending the agency’s 2021 LIBOR transition rule. On April 26, the CFPB issued an advisory opinion, reminding the industry that a debt collector who brings or threatens to bring a foreclosure action to collect a time-barred mortgage debt may violate the Fair Debt Collection Practices Act.

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Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter

Troutman Sanders

MARCH 8, 2021

Representative Madeleine Dean reintroduced the Fair Debt Collection Practices for Servicemembers Act. On March 3, the Consumer Financial Protection Bureau (CFPB) released a notice of proposed rulemaking to delay the mandatory compliance date of the General Qualified Mortgage final rule from July 1, 2021 to October 1, 2022.

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FDCPA Claims: Confusion Alone is not an Injury for Article III Standing Purposes

ABI

JANUARY 12, 2022

The Fair Debt Collection Practices Act (FDCPA) generally prohibits debt collectors from misrepresenting their identity or using unfair practices to collect debts. [1] NPAS), a debt collector, was hired by Stonecrest to collect the outstanding balance from Ward. [5] 1692 (2021); Ward v.

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Financial Policy Predictions 2021: Meaningful Changes Ahead

Fico Collections

DECEMBER 15, 2020

So, here are the five for 2021. If my prediction is on the mark, 2021 should be one where improved customer communications will fuel stronger customer engagement. New Debt Collection Rules Are Here to Stay. In short, I believe the new debt collection rules will largely remain intact, at least for the foreseeable future.

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Creditor Collections Today

Seventh Circuit Reverses Summary Judgment on Fair Debt Collection Practices Claim Reasoning Lack of Standing

A Sign of Things to Come? FDCPA, FCRA, and TCPA Filings Increase in January 2022 Compared to Same Time Period Last Year

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Georgia Federal Court Dismisses Claims Against Debt Collector For Calls Made To Debtor’s Mother

New York District Court Dismisses Six FDCPA Cases Invoking “Mailing Vendor” Theory Emanating from the Eleventh Circuit Hunstein Decision

Court: “Confusion, Stress, Concern, and Fear” Alone Are Not Enough to Create Concrete Injury Under FDCPA

Sixth Circuit Dismisses FDCPA Voicemail Case For Lack of Standing

New York District Court Dismisses 6 FDCPA Cases Invoking Mailing Vendor Theory Emanating From The 11th Circuit Hunstein Decision

CFPB Acting Director Uejio And FTC Acting Chairwoman Slaughter Issue Joint Statement On Preventing Illegal Evictions

Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter

FDCPA Claims: Confusion Alone is not an Injury for Article III Standing Purposes

Financial Policy Predictions 2021: Meaningful Changes Ahead

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