According to data provided by WebRecon LLC, FDCPA litigation is trending up in 2015. Litigation was up 10% over last month, and for the first four months of the year, up 12.5% over the same period a year ago.
You should probably stop charging convenience fees. You also probably won’t listen to me, or to your compliance team. But convenience fees are proving to be ironically named, and a sure-fire way to involve your agency in a class action lawsuit — at the least.
As big data grows, so does the scale of TCPA violations, and with that the settlements; one of the largest in TCPA history was in the news last week. In a California district court, attorneys who guided consumers in suing a bank for a $32 million settlement were denied a bid to increase their fees to $8 […]
Federal Communications Commission (FCC) Chairman Tom Wheeler has named Alison Kutler, most recently Senior Vice President of Government Relations at VISA, as Acting Chief of the Consumer and Governmental Affairs Bureau and Special Advisor to the Chairman for Digital Opportunity (read the full announcement here). Joining the Commission on June 1, Ms. Kutler’s responsibilities will […]
Over the first quarter of 2015, the number lawsuits filed by consumers claiming violations of the Fair Debt Collection Practices Act (FDCPA) is up compared to the same period in 2014, a reversal of a three year trend in those types of actions. TCPA cases are down in the same time frame, also a change from recent trends.
The U.S. Supreme Court has agreed to hear an important case that will decide whether a plaintiff who cannot show any actual harm from a violation of the FCRA nevertheless has standing to sue for statutory damages in federal court. The consequences of the decision will likely extend significantly beyond FCRA litigation and affect numerous other statutes, including the FDCPA and TCPA .
It seems as though there is a mobile app for everything these days, including collecting information for TCPA suits. Two mobile applications allow consumers to create legal documentation of unwanted robocalls, telemarketing calls, and debt collection calls. The information is forwarded to law firms specializing in filing lawsuits against businesses using robocalls and engaging in debt collection activities.
Complying with the Telephone Consumer Protection Act (TCPA) is a stiff challenge. The act is designed to safeguard consumers from harassing or predatory calls. Its rules are complex and sometimes difficult to interpret–and failure to adhere can result in large fines.
Collection agencies, debt buyers and credit granters are often under siege, forced to defend against identical claims on multiple jurisdictional fronts, regardless of whether the claims are on behalf of an individual or a putative class. One strategy for consolidating the defense of identical claims is to file a motion with the U.S. Judicial Panel on Multidistrict Litigation (MDL) to transfer claims to a single venue.
A lawsuit filed in federal court in New York this week is seeking class action status under the TCPA. Named in the case is a major utility and nearly all of its subsidiaries and parent companies, including global holding firms, even though the alleged violation was committed by a third party debt collection agency. It is a continuation of a trend that sees plaintiffs skipping collectors and going straight after the big money.