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Consumer Financial Services Law Monitor Blog

Articles: 1-10 of 685

Be Careful Out There: Lessons Learned From Wire Fraud Cases

USA - January 21 2020 Wire fraud cases, arising from what the Federal Bureau of Investigation calls "business email compromise," are on the rise. In 2018, the FBI reported…

Middle District of Florida Holds Telephony System Must Have Present Capacity to Generate Telephone Numbers to Qualify as ATDS

USA - January 20 2020 Last week, in Morgan v. Adventist Health Systems/Sunbelt, Inc., et al., the United States District Court for the Middle District of Florida joined a…

Eleventh Circuit Affirms $250K Compensatory Damages Award and Allows a $1 Million Punitive Damages Award in Individual Mixed-File FCRA Action

USA - January 17 2020 On January 9, 2020, the United States Court of Appeals for the Eleventh Circuit issued its decision in Williams v. First Advantage Lns Screening…

Maybe Borrowers Can Escape Student Loan Debt: New York Bankruptcy Court Reinterprets the Brunner Undue Hardship Test

USA - January 17 2020 A New York bankruptcy court recently allowed a pro se debtor to discharge over $200,000 in student loan debt, vehemently rejecting as “punitive” more…

Every Word Matters in Debt Collection

USA - January 16 2020 Words matter, especially in debt collection communications. As a collector recently learned the hard way, debt collectors should attempt to use words…

6th Circuit: Consumer Alleging Anxiety Lacked Standing to Pursue “Meaningful Attorney Involvement” Claim Under the FDCPA

USA - January 14 2020 On January 3, 2020, in Buchholz v. Meyer Njus Tanick, P.A., No. 18-2261 (6th Cir. 2020), the Sixth Circuit Court of Appeals upheld the district…

District Court Dismisses FDCPA Claims Despite Missing Phrase in Dispute Disclosure

USA - January 10 2020 The United States District Court for the Southern District of New York recently dismissed a Fair Debt Collection Practices Act suit with prejudice…

New York Governor Proposes State Licensure of Debt Collectors

USA - January 10 2020 On December 19, New York Gov. Andrew Cuomo announced his intent to advance a legislative proposal to license debt collectors operating within the…

Web Submissions Strike Back: District Court Refuses to Enforce Arbitration Clause Where Plaintiff Claims Never Visited Website

USA - January 10 2020 In December, the United States District Court for the Northern District of Georgia refused to submit to arbitration a dispute alleging violation of…

Plaintiff’s Failure to Contradict Evidence Results in Win for Debt Collector

USA - January 9 2020 On December 17, a magistrate judge in the United States District Court for the Eastern District of California granted judgment in favor or defendant…