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In Robinson v. Equifax Information Services, Inc. __ F.3d __ (4th Cir. 2009), the Court of Appeals for the Eight Circuit affirmed in part a jury verdict against a credit reporting agency for $200,000 in actual damages under FCRA.  The facts arose out of an identity theft situation:    In April 2000, Robinson discovered that a woman named Nicole Antoinette… Read More

In Satterfield v. Simon and Schuster, 2007 WL 1839807 (N.D.Cal. 2007), Judge Wilken addressed what constitutes an “automatic telephone dialing system” and what constitutes “consent” under the TCPA.  The case arose from promotional text messages sent to cellular telephones regarding a new Steven King novel “Cell”.  The cellular telephone owners received the messages because they signed up for nextones.com to… Read More

In Rowe v. Educational Credit Management Corporation, 2009 WL 692006 (9th Cir. 2009), the Court of Appeals ruled on whether the Plaintiffs had pleaded a claim under the FDCPA against ECMC – a guaranty agency under the Higher Education Act of 1965 – or whether ECMC was exempt because its collection activity was “incidental to a bona fide fiduciary obligation.” … Read More

The Court of Appeals for the Ninth Circuit today allowed the National Association of Screening Agencies, the California Bankers Association, and the Consumer Data Industry Association leave to file amicus curiae briefs in support of Defendant-Appellee’s Petition for Rehearing and Rehearing En Banc.  See the Order here and my article here regarding the split of authority between the federal and state appellate… Read More

In Drew v. Equifax, 2009 WL 595459 (N.D.Cal. 2009), Judge Illston held that a furnisher was on notice of a consumer dispute when the CRA merely sent a letter to the furnisher notifying the furnisher that it had deleted the customer’s trade-line because the account was fraudulent.   Judge Illston explained:   Chase contends that it is entitled to summary judgment… Read More

See my March 4, 2009 article in the Consumer Financial Services Law Report here.   Source:  Consumer Financial Services Law Report. Copyright 2009 by LRP Publications, P.O. Box 24668, West Palm Beach, FL 33416-4668. All rights reserved. For more information on this or other products published by LRP Publications, please call 1-800-341-7874 or visit their website at: www.shoplrp.com   Read More

In Hahn v. Triumph Partnerships, LLC, the Court of Appeals for the Seventh Circuit held that the FDCPA's prohibition against "false, deceptive, or misleading representation or means in connection with the collection of any debt" under 15 U.S.C. 1692e requires materiality.  In ruling on whether the debt collector had properly disclosed the debt and attendant interest, the Court of Appeals… Read More

The Federal Trade Commission today released the list of top consumer complaints received by the agency in 2008, identity theft topping the list.  See the FTC Press Release:  http://www.ftc.gov/opa/2009/02/2008cmpts.shtm   FTC also issued its Annual Report to Congress, and urged modernization of Federal Debt Collection Law   See the FTC Press Release:  http://www.ftc.gov/opa/2009/02/fdcpa.shtm  The FTC suggested many changes, including   (1)         Requiring… Read More

In In re On-Star Contract Litigation, 2009 WL 415990 (E.D.Mich. 2009), Judge Cox allowed a claim to proceed as pleaded under the CLRA, denying an FRCP 12(b)(6) Motion.  The Plaintiffs allege that   In 2002 Defendants' OnStar equipment relied on analog cellular signals to function.”(MAC at  4).“In August 2002, the Federal Communications Commission (“FCC”) ruled that cellular telephone companies need not… Read More

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