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In Davidson v. United Auto Credit Corp., No. 1:20-cv-1263 (LMB/JFA), 2021 U.S. Dist. LEXIS 95302, at *11-17 (E.D. Va. May 19, 2021), Judge Brinkema dismissed a claim against an automobile lender under the Military Lending Act because Plaintiff's theory was based on a DoD interpretation that had been withdrawn. On December 14, 2017, using the same question and answer format,… Read More

Friends, We started this as a research bank 13 years ago, before law firm 'blogs became ubiquitous.  Some have come and some have gone, but we've remained constant. In 13 years, we're now tallying almost 3,000 posts summarizing consumer financial services decisions for our subscribers, and the 'blog has evolved from a timely news source to also historical research tool.… Read More

In Pearson v. April Healthcare Grp., 2021 U.S.Dist.LEXIS 90010 (S.D.Cal. 2021), Judge Hayes granted summary judgment to a debt collector attempting to collect a medical debt despite the availability of medical insurance. Denial of a plaintiff's motion for partial summary judgment as to the plaintiff's FDCPA claim is appropriate when "no mention of [the] plaintiff's debt was conveyed at any… 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

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