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 CFPB Tuesday released its Supervisory Highlights report for Fall 2014. Among the highlights were recent examinations of larger market participant debt collectors resulting in identification of “an unfair practice and several violations of the Fair Debt Collection Practices Act” involving convenience fees, threats of litigation, bad training materials, and debt sales practices.
The Sixth Circuit Court of Appeals Friday ruled against a debt buyer who it said violated the FDCPA when it sought interest charges for a credit card debt. The decision reversed a lower court ruling and included a sharp dissent from the third judge in the appellate panel.
With a little more than a week to go before the Congressional mid-term elections, attention is shifting away from the potential results to what the outcome might mean for governance. If the Senate changes hands, committees will get new leaders, including the one that oversees the CFPB. Will the Senate behave like the House over the past two years in its oversight? Unlikely.
At the Federal Trade Commission’s request, a U.S. district court in Miami has temporarily shut down a fraudulent phantom debt collection operation that deceived and abused thousands of Spanish-speaking consumers across the country in an attempt to collect money they did not even owe.
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.
The CFPB this week finalized a rule to promote more effective privacy disclosures from financial institutions to their customers. The new rule, which will primarily impact creditors and debt buyers, allows companies to post their GLBA-mandated annual privacy notices online rather than delivering them individually.
The number of lawsuits filed by consumers against ARM companies claiming violations of the FDCPA, FCRA, and TCPA increased in September from August, WebRecon LLC said Friday. But FDCPA lawsuits are still on track to show significant declines for the year.
President Obama Friday signed an executive order that calls for increased credit card protection measures for some federal benefits and expense cards distributed by the government. The President also formally endorsed the chip-and-PIN payment system for U.S. cards, a move opposed by many banking and commerce groups.
The Second Circuit Court of Appeals Thursday ruled against a debt collection agency in a TCPA express prior consent case, reversing a lower court decision and hewing closely to a requested amicus brief filed by the FCC on the matter.