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11th Cir. Holds FCRA ‘Reasonable Investigation’ May Require Assignee to Examine Account-Level Documents

The U.S. Court of Appeals for the Eleventh Circuit recently reversed in part a trial court’s ruling granting summary judgment in favor of a debt buyer, its affiliated debt collector and their parent company, holding that a reasonable jury could find that the defendants willfully violated the FCRA when they reported two charged-off debt accounts as “verified” without obtaining sufficient documentation that the debts in fact belonged to the plaintiff.

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FDCPA Victory in Class Action Letter Case: What It Means for the Industry

Debt collection letters continue to provide an expansive target for FDCPA and related lawsuits due to the panoply of Federal and State disclosure requirements for such letters. Further, the Court cases interpreting these requirements are in constant flux and new decisions sometimes contradict previous rulings. In a rare win for the collection industry, a recent case out of the Eastern District of New York rejected a consumer’s FDCPA claims brought in a putative class action and premised on language included in a collection letter. What does this bode for the industry?

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Minnesota’s Automatic Dialing Statute: You May be Liable for Calling a Wrong Number in Minnesota

All debt collectors and others who call Minnesota telephone lines using a prerecorded or synthesized voice message with an auto dialer should know about the Minnesota Automatic Dialing-Announcing Devices statute, Minn. Stat. § 325E.26, et seq. (“ADAD Act”). In short, the Minnesota statute provides that if you call a Minnesota telephone line – residential or […]

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$9.25 Million TCPA Class Action Settlement by American Express Preliminarily Approved in Illinois Federal Court

On July 6, 2016 a federal judge in Illinois gave initial approval to a $9.25 million settlement between American Express Co., American Express Centurion Bank (together AmEx), and consumers who said the company made illegal debt collection calls and telemarketing calls to their cell phones. This case is the third significant TCPA class action settlement insideARM has reported on in the last 10 days.