In May, the United States Supreme Court issued its opinion in Spokeo v. Robins addressing the requirements for Federal Court jurisdiction under Article III of the US Constitution. This decision appeared likely to significantly impact TCPA litigation. So far, it has not played out this way.
Yesterday, the Court of Appeals for the Ninth Circuit reversed a decision from a district court in a bench trial that a collection law firm had violated the Fair Debt Collection Practices Act (FDCPA) by failure to specifically state in a voice message: “This communication is from a debt collector.” The case is Davis v. […]
July’s FDCPA-related cases include some positive outcomes and some negative outcomes for the industry. Review the list, and our at-a-glance case law resource, powered each month by Joann Needleman of Clark Hill.
We’re continuing to see more and more judges dismiss TCPA cases that don’t show actual consumer harm. Will judges be a significant catalyst to TCPA reform?
We asked a range of industry experts to give us their reactions to last week’s CFPB Debt Collection Field Hearing and/or the Outline of Proposed Rules. Fifteen of the most insightful responses received are included here.
Last week the CFPB released its 117-page Outline of Proposed Rules for debt collection in anticipation of the next step in rulemaking, the SBREFA panel, to be held on August 25th. insideARM is breaking down those proposals for our readers in a series of posts covering the range of topics addressed. Our first post – insideARM Perspective […]
We’re seeing the beginning of movement on rules for the debt industry. Last week, the CFPB published its list of proposed rules for the industry — and what follows will be a lot of questions, suggestions, confusion, and, hopefully, clarity. John Rossman and Mike Poncin discuss some of highlights of the proposed rules, and what this might mean for everyone involved.
Earlier today we reported that the CFPB has taken the long-awaited next step in debt collection rulemaking activity by releasing an Outline of Proposed Rules in advance of the required Small Business Regulatory Enforcement Fairness Act (SBREFA) consultation process. The formal SBREFA hearing is scheduled for the week of August 22. The Outline of the CFPB’s […]
Last Friday, Tom Wheeler, Chairman of The Federal Communications Commission (FCC) published a blog entitled “Cutting off Robocalls.” The portion of the piece that has received the most media attention was this: “In regard to the Commission’s expectations that carriers respond to consumers’ blocking requests, I have sent letters to the CEOs of major wireless and […]
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?