Consumer Finance

In  Klein v. Affiliated Grp., Inc., No. 19-3562, 2021 U.S. App. LEXIS 10602 (8th Cir. Apr. 14, 2021) the U.S. Court of Appeals for the Eighth Circuit affirmed summary judgment on behalf of debt collectors related to claims they violated the FDCPA in connection with the assignment of a collection agreement. The plaintiff owed money to a hospital, North Memorial… Read More

In FTC v. Am. Future Sys., No. 20-2266, 2021 U.S. Dist. LEXIS 83401, at *3-4 (E.D. Pa. Apr. 30, 2021), Judge Slomsky allowed the FTC to proceed on unfair debt collection claims against a debt collection agency collecting on business related education and publication debts. On May 13, 2020, the FTC initiated this action against American Future Systems, Inc. ("AFS"),… Read More

In Campbell v. Douglas Knights & Assocs., No. 21-cv-01667-JCS, 2021 U.S. Dist. LEXIS 84499, at *14-16 (N.D. Cal. May 3, 2021), Judge Spero dismissed and FDCPA because it did not arise from a "debt". Here, the letters attached to the Complaint indicates that Douglas, Knight & Associates is an insurance subrogation agent seeking to collect on behalf of an insurance… Read More

In Warren v. Credit Pros Int'l Corp., No. 3:20-cv-763-TJC-MCR, 2021 U.S. Dist. LEXIS 79150, at *20-28 (M.D. Fla. Apr. 26, 2021), Judge Richardson ordered a TCPA defendant to produce sweeping discovery in a TCPA class action. Now, as to the first category of documents, the Court finds that Plaintiff is entitled to receive information regarding the hardware, software, and capabilities of… Read More

In Mey v. Medguard Alert, No. 5:19-CV-315, 2021 U.S. Dist. LEXIS 80083, at *13-14 (N.D.W. Va. Apr. 27, 2021), Judge Tates found that the SCOTUS' holding in Barr didn't render the TCPA unconstitutional for non-government backed debts. Those courts which have found the TCPA to be valid with regard to non-Government debt calls, even in light of Barr,include McCurley, supra; Less v. Quest… Read More

In Carrasco v. M & T Bank, No. SAG-21-0532, 2021 U.S. Dist. LEXIS 80487, at *8 (D. Md. Apr. 27, 2021), Judge Gallagher allowed an FCRA claim past the pleadings stage where the Plaintiff argued that the creditor had not reported the Account as disputed. Count One of Plaintiff's Complaint fairly alleges that M&T violated the FCRA by failing to inform the… Read More

In McMorris v. Carlos Lopez & Assocs., LLC, No. 19-4310, 2021 U.S. App. LEXIS 12328, at *2-7 (2d Cir. Apr. 26, 2021), the Court of Appeals for the Second Circuit approved of the District Court's dismissal on Art. III grounds of an ID Theft class action that the parties had settled and were seeking court approval of.  The underlying proceedings were… Read More

California’s Department of Financial Protection and Innovation has filed a notice of proposed rulemaking on April 23, 2021 for the Debt Collection Licensing Act (DCLA). The proposed regulations are to be added in Title 10, California Code of Regulations, Subchapter 11.3 “Debt Collection Licensing Act.” A copy of the proposed rulemaking text is here. The proposed regulations cover: requirements to… Read More

In Amg Capital Mgmt. v. FTC, No. 19-508, 2021 U.S. LEXIS 2108, at *1-4 (Apr. 22, 2021), the Supreme Court held that the FTC Act does not authorize the FTC to seek monetary restitution in a suit that the FTC brings in the first instance (i.e., without a prior administrative proceeding) in federal court under section 13(b) of the FTC… Read More

In Hunstein v. Prefeerred Collection and Management Services, Inc., the Court of Appeals for the 11th Circuit addressed the question whether a debt collector's use of a mail-service to send its dunning letters, and sharing the debtor's information required to do so, violates the FDCPA. The short story: A debt collector electronically transmitted data concerning a consumer’s debt—including his name,… Read More