Consumer Financial Services Litigation and Compliance Blog

Smith Debnam Narron Drake Saintsing & Myers LLP

Articles: 1-10 of 263

District Court Holds Revocation of Consent Ineffective in the Face of Contractual Consent

USA - August 30 2018 Relying upon basic principles of contract law, an Alabama district court has held that there are limitations to revocation of prior express consent…

Statement that Debt Collector Would Call Overshadows 1692g Notice

USA - July 20 2018 A recent case from a Wisconsin district court serves as a reminder that the best approach to a 1692g notice is that it stands alone. In Maniaci v. The…

Aftershocks Being Felt: The TCPA After ACA International v. FCC

USA - July 10 2018 The aftershocks from the D.C. Circuit’s opinion in ACA International v. FCC are beginning to be felt. In ACA International, the D.C. Circuit set aside…

Deeming the Tracking of a Debtor’s Every Move “Impractical,” District Court Finds a Bona Fide Error and Dismisses FDCPA Action Against Law Firm

USA - April 16 2018 A district court has dismissed an FDCPA action based on a bona fide error after reviewing the collection firm’s extensive pre-suit procedures and…

District Court Holds that the Verbiage, “Settlement Offers May Have Tax Consequences”, in a Debt Collector’s Form Collection Letter was not in Violation of the FDCPA

USA - April 10 2018 The Western District Court in New York has held that a debt collector did not violate § 1692e(10) of the FDCPA. The Court held that a form collection…

Has Mulvaney Gone Too Far? A Look at the CFPB’s Semi Annual Report to Congress

USA - April 9 2018 The CFPB has issued its semi-annual report to Congress, leaving little doubt as to the agenda of Acting Director, Mick Mulvaney. While the information…

DC Circuit Turns Away Healthcare Challenges to TCPA Declaratory Ruling

USA - April 4 2018 In ACA International v. Federal Communications Commission, 2018 U.S. App. LEXIS 6535 (2018), the DC Circuit rejected a series of challenges to the…

Second Circuit Seeks to Provide Clarity as to Interest Disclosure

USA - April 3 2018 Last week, the Second Circuit attempted to clarify its position emanating from its decisions in Avila v. Riexinger & Assocs, 817 F.3d 72 (2nd Cir…

Seventh Circuit Joins Others on Debt Validation Requirements

USA - April 2 2018 The Seventh Circuit recently joined the Fourth and Ninth Circuits in holding that a debt collection discharges its obligation as to debt validation by…

D.C. Circuit’s Ruling May Provide Some Potential Relief for the Consumer Financial Services Industry

USA - March 26 2018 The D.C. Circuit has issued its long-awaited decision on the FCC’s 2015 TCPA Declaratory Ruling. ACA International v. Federal Communications…