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Third Circuit Finds Vacatur of Default Judgment Does Not Make Collection Activity Retroactively Unlawful

Burr Forman

On January 11, 2023, the Third Circuit held that attempting to collect on a default judgment did not constitute using "'false, deceptive, or misleading' representations in connection with collecting the judgment" if the default judgment was later vacated. 21-3307, 2023 WL 154970, at *1 (3rd Cir.

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Third Circuit Affirms Dismissal of FDCPA Claim Arising from State Court Clerical Error

Troutman Sanders

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? Though the judgment was “effective” October 14, 2016, it was not mailed to the parties until November 7.

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Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

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. On July 26, the CFPB published its Summer 2023 Supervisory Highlights report. The OAG initially filed the lawsuit in June 2021, and as part of the judgment, between $450,000 and $2.5

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Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

Speaking at the Consensus 2023 conference, Senator Lummis stated that the next installment of her bill — the Responsible Financial Innovation Act — will be presented to the Senate within eight weeks. The fund, which announced its blockchain integration during Consensus 2023 , invests at least 95.5% For more information, click here.