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District Court (Va.) Allows Student Loan Servicer’s RICO (and other) Claims Proceed Alleging Efforts by the Defendants to Manufacture TCPA litigation and Arbitration Claims

by Scott J. Hyman |

In Navient Sols., LLC v. Law Offices of Jeffrey Lohman, No. 1:19-cv-461(LMB/TCB), 2020 U.S. Dist. LEXIS 65648, at *22-25 (E.D. Va. Apr. 14, 2020), Judge Brinkema allowed a number of claims, including RICO, to proceed arising from an alleged scheme to defraud a national student loan servicer through manufactured TCPA litigation and arbitration claims. Lastly, defendants argue that even if… Read More

District Court (Cal.) Allows FDCPA Discovery Against US Government Attempting to Collect Student Loans; Rejects Government’s Claim of Undue Burden

by Scott J. Hyman |

In U.S. v. Warner, 2012 WL 6087193 (N.D.Cal. 2012), Judge Beeler ordered the Government to produce FDCPA compliance information with regard to its efforts to collect on student loans from an in-pro-per attorney. So, are his discovery requests relevant to them? Yes. As noted above, Mr. Warner essentially seeks all communications between him and the Department (and its agents) and… Read More