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Consumer Financial Services Litigation and Compliance Blog

Articles: 11-20 of 263

Sixth Circuit Holds Consumer Has No Standing to Bring FDCPA Claim

USA - March 15 2018 The Sixth Circuit recently made clear its position that “Congress cannot override the baseline requirement[s] of Article III of the U.S. Constitution…

District Court Holds that a Debt Collector May Not Rely on Information Provided by Creditor, Rejects Bona Fide Error Defense Claim

USA - March 8 2018 A District Court in the Seventh Circuit has held that a debt collector may not avail itself of the § 1692k(c) bona fide error defense if it…

Second Circuit Remains Firm That Flu Shot Reminders are Health Care Messages Under the TCPA

USA - March 6 2018 Following up on its decision in Latner v. Mount Sinai Health System, Inc., 2018 U.S. App. LEXIS 114 (2nd Cir. Jan. 3, 2018), the Second Circuit has…

Madden Fix Bill Passes House, Faces Uncertain Fate in Senate

USA - March 5 2018 The United States House of Representatives passed H.R. 3299, commonly known as the “Madden fix” bill, by a vote of 245-171 on February 14, 2018. The…

CFPB Report Reveals Impact on Removal of Public Records from Credit Reporting: Did it Make a Difference?

USA - March 4 2018 The CFPB recently issued its second Quarterly Consumer Credit Trends Report which examines the impact of changes to credit reporting regarding the…

District Court Expands on Pantoja, Finds Collection Letter on Stale Debt to Violate FDCPA for Failure to Include Revival Warning

USA - March 1 2018 A recent decision from the North District of Illinois has expanded on the Seventh Circuit’s holding in Pantoja v. Portfolio Recovery Assocs., LLC, 852…

Supreme Court Clarifies Scope Of Whistleblower Protections Under Dodd-Frank

USA - February 28 2018 On February 21, 2018, in the case of Digital Realty Trust, Inc. v. Somers, the United States Supreme Court unanimously decided that employees who…

Third Circuit Holds Settlement Offer on Time-Barred Debt States Plausible FDCPA Claim

USA - February 27 2018 The Third Circuit has refined its position as to whether collection of time-barred debt may violate the FDCPA where the communication involves an…

CFPB’s Strategic Plan Reflects New Path

USA - February 22 2018 Last week, the CFPB issued its Strategic Plan for Fiscal Years 2018-2022. The Plan reflects Acting Director Mick Mulvaney’s vision for the CFPB and…

Seventh Circuit in Boucher: Miller Safe Harbor Language Does Not “Immunize” Debt Collectors from Liability for Violations of § 1692e

USA - February 11 2018 Eighteen years ago, the Seventh Circuit crafted "safe harbor" language which, if used, shielded debt collectors from liability under 15 U.S.C. §…