In a notable development amid a turbulent landscape of credit regulation and debt collection, a Fair Credit Reporting Act (FCRA) claim was recently greenlit to proceed following a motion to dismiss. This decision comes in the case of Hansen v. Mountain America Federal Credit Union. In the ensuing case, the plaintiff was late on a…
In a compelling development concerning the North Carolina Debt Collection Act (NCDCA) and Fair Credit Reporting Act (FCRA) claims, a recent publication by Fourth Circuit Judge Quattlebaum shines a light on Plaintiff Mark Anthony Guthrie’s controversial case. This case originally started in the Eastern District of North Carolina and is now gaining momentum due to…
In a recent development, a California Appeals Court overturned a previous ruling stating that alleged debt was insufficient to file a claim under the Rosenthal Fair Debt Collection Practices Act (Rosenthal Act). The appeals court revised this lower court’s interpretation, which had previously posited that only debts that were ‘in fact, actually due or owing’…
The Seventh Circuit Court of Appeals has recently upheld the dismissal of a suit, underlining that the plaintiff failed to suffer a concrete injury and thus, had no standing to assert a claim under the Fair Debt Collections Practices Act (FDCPA). This ruling adds another facet to the continually evolving legal landscape surrounding debt collection…
Legal practitioners might find a noteworthy judgement reached by the New Jersey Federal Court, central to our evolving understanding of fair debt collections – especially in regard to licensing issues surrounding the Fair Debt Collections Practices Act (FDCPA). In the case of Valentine v. Mullooly, Jeffrey, Rooney & Fylnn LLP, the U.S. District Court for…
In a recent legal development, the Federal Court in Washington delivered a verdict on the Fair Debt Collection Practices Act’s (FDCPA’s) Bona Fide Error Defense. The case arose from a dispute, Gebreseralse v. Columbia Debt Recovery, LLC, that pertains to a vacated residential lease agreement. The plaintiff, a tenant, had left the premises early because…
Fee-shifting for prevailing defendants is a complex and often contentious issue in legal proceedings, a topic fortuitously addressed at length in two recent cases. These lawsuits demonstrate the variety of circumstances under which such fee-shifting may be permitted. Statutes can allow for discretionary attorney fee-shifting, but under what conditions? What legal and factual parameters must…
The U.S. Court of Appeals for the Fourth Circuit recently ruled that state law claims regarding allegedly improper debt collection attempts on a debt discharged in bankruptcy are not preempted by the federal Bankruptcy Code. This decision came from a three-judge panel and offers some important clarifications to legal professionals working in corporate law and…
In a significant legal development, the Western District of New York court has sided with the Consumer Financial Protection Bureau (CFPB), denying the defendants’ motions to dismiss a case alleging violations of both the Fair Debt Collections Practices Act (FDCPA) and the Consumer Financial Protection Act (CFPA). The case, initiated by the CFPB against debt…
According to a recent report by WebRecon, there were noticeable fluctuations in U.S. court filings regarding consumer litigation through July. The patterns reflect an upswing in some areas and a reduction in others, providing a complex landscape for corporate law professionals to navigate. In July, numbers indicated a slight uptick in court filings under the…
A recent ruling in the U.S. District Court for the Western District of New York has given the green light for a class-action lawsuit relating to alleged violations of the Fair Debt Collections Practices Act (FDCPA). The plaintiff’s argument centers on an apparent improper debt assignment notification. The initial motion for class certification was granted…
In a recent development, a panel of the U.S. Court of Appeals for the Ninth Circuit held that a student loan borrower’s claim alleging violation of the Fair Debt Collection Practices Act (FDCPA) was not time-barred due to the timing of the collection action filing. This decision resulted in a reversal of the lower court’s…
On August 22, the U.S. District Court for the Western District of New York refused to dismiss Consumer Financial Protection Act (CFPA) and Fair Debt Collection Practices Act (FDCPA) claims. These claims, brought by the Consumer Financial Protection Bureau (CFPB), alleged violations related to misrepresentation made to debtors by debt collectors. The complaint alleged that…
In a significant recent ruling, the Colorado Supreme Court has issued a comprehensive decision on U.S. Bank National Association v. Silvernagel, clarifying certain intricacies related to debt collection rules particularly in situations involving bankruptcy proceedings. Initially published in Law360, this determination principally addresses issues concerning the effect of a borrower’s bankruptcy discharge on secured installment…
The United States District Court in Kentucky has granted a motion to dismiss a case concerning the Fair Credit Reporting Act (FCRA) and Fair Debt Collection Practices Act (FDCPA), indicating that the furnishing of data to a Consumer Reporting Agency (CRA) does not establish personal jurisdiction in the consumer’s home state. This comes after a…
The Consumer Financial Protection Bureau (CFPB) released its Summer 2023 Supervisory Highlights on July 26, detailing a range of Unfair, Deceptive, and Abusive Acts or Practices (UDAAPs). These findings span across an array of consumer financial products and violate the Consumer Financial Protection Act (CFPA). Products identified in this report encompass auto origination, auto servicing,…
In a recent ruling that garnered attention from legal professionals worldwide, the U.S. Court of Appeals for the Tenth Circuit upheld a trial court’s decision to grant summary judgment in favor of a debt buyer. In a verdict that emphasized the role of claim preclusion, the appeal court decided that the plaintiff’s claims, registered under…
In an important recent development in the legal landscape of consumer debt cases, an FCRA (Fair Credit Reporting Act) and FDCPA (Fair Debt Collection Practices Act) putative class action lawsuit, the U.S. District Court for the Southern District of Alabama granted summary judgment in favor of a defendant third-party debt collector. This case revolved around…
In a recent podcast episode, The Consumer Finance Podcast delved into the details of the Consumer Financial Protection Bureau’s (CFPB) latest advisory opinion on time-barred debt collection. Hosted by Chris Willis, joined by colleagues Stefanie Jackman, Joe Reilly, and Jonathan Floyd, the podcast takes listeners through the key events that led up to this opinion…