The U.S. Court of Appeals for the D.C. Circuit heard oral arguments in two cases Wednesday that challenge the CFPB’s authority to regulate financial services firms due to its one Director leadership structure. The specific arguments concerned standing to bring such suits, with the merits of the challenges pending.
A U.S. Circuit Court decision this summer took an extraordinary step when it held that filing a proof of claim on time barred debt is conduct that violates the FDCPA. At the time, attorneys close to both bankruptcy and FDCPA proceedings warned that it would touch off a very real firestorm in that sector of the ARM industry. That has proven to be quite true.
The American Bar Association Wednesday issued a formal opinion finding that a growing practice by district attorneys of allowing debt collection agencies to issue demand letters that suggest they originated from the prosecutor’s office violates ABA Model Rules of Professional Conduct.
Minnesota Attorney General Lori Swanson announced Thursday that her office has filed a lawsuit against TJ Process Service, a Minnesota process serving company, and one of its process servers for falsely claiming that some individuals were served with debt collection lawsuits.
In one of the greatest examples of baiting a collector into a violation of the FDCPA, a plaintiff in Missouri decided he was not going to wait for a collector to call him and instead called the collector himself to induce a 1692c(a)(2) violation.
The U.S. Court of Appeals for the Second Circuit this week ruled that New York’s highest court will need to resolve the legal questions in a case brought by a debt collection law firm challenging a New York City statute that regulates certain activities of collection attorneys.
A federal judge in California late last week ruled in favor of a defendant in a TCPA case by deciding that a platform for sending out text messages did not meet the definition of an automated telephone dialing system (ATDS). The ruling is seen as positive precedent for judicial ATDS interpretations.
The U.S. Chamber Institute for Legal Reform, a group affiliated with the U.S. Chamber of Commerce, late last week posted a video on YouTube describing the trouble the Los Angeles Lakers have had with a TCPA class action lawsuit.
TCPA suits against collection agencies continue to be a growing concern. In August of 2014, TCPA suits are up a whopping 33.6 percent from 2013 numbers. What might be behind this increase?
In the weeks since the Circuit Court decision in Douglass v. Convergent — the infamous envelope window disclosure case — filings of similar cases against debt collectors have been brisk. Two ARM defense attorneys discuss some specific legal theories upon which debt collectors may defend similar claims.