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Troutman Pepper | USA | 29 Sep 2023
August Consumer Litigation Filings: Everything Up Again
According to a recent report by WebRecon, court filings under the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), and…
Bradley Arant Boult Cummings LLP | USA | 27 Sep 2023
Questions to Consider as Regulators Increase Scrutiny of Medical Debt
Over the last year and a half, the Consumer Financial Protection Bureau (CFPB) has become increasingly interested in the origination, servicing, and…
Berkeley Research Group, LLC | USA | 20 Sep 2023
Consumer Finance Enforcement Action Tracker | Q2 2023
On April 3, the CFPB issued guidance to address abusive conduct in consumer financial markets. The policy statement detailed post-financial Crisis…
Troutman Pepper | USA | 18 Sep 2023
California Court of Appeals Finds Solar Energy Agreement Provides Basis for Rosenthal Fair Debt Collection Practices Claim by Non-Party to Agreement
As U.S. consumer solar energy use increases, so does potential exposure under state consumer protection statutes. A recent decision by the California…
Troutman Pepper | USA | 13 Sep 2023
California AG Submits Response to Federal Agencies’ Request for Information on Medical Payment Products
As discussed here, on July 7th the Consumer Financial Protection Bureau (CFPB), U.S. Department of Health and Human Services, and the U.S. Department…
Troutman Pepper | USA | 12 Sep 2023
Parking Company Ordered to Pay $106,000 in Fines for Alleged Violations of the Colorado Fair Debt Collection Practices Act
Parking Revenue Recovery Services, Inc. (PRRS), a collection company, was accused of violating the Colorado Fair Debt Collection Practices Act…
Troutman Pepper | USA | 8 Sep 2023
FCRA Claim for “Misleading” Double-Reporting of Debt by Original Creditor and Collection Agency Survives Motion to Dismiss
In Hansen v. Mountain America Federal Credit Union, the plaintiff became delinquent on a credit card account with her credit union. The credit union…
Maurice Wutscher LLP | USA | 6 Sep 2023
Calif. App. Court (4th Dist) Reverses Dismissal, Holds Rosenthal Act Covers Debts ‘Alleged to be Due and Owing’
The Court of Appeal of California (Fourth District) recently reversed a trial court’s dismissal of a putative class action alleging a solar energy…
Troutman Pepper | USA | 6 Sep 2023
Washington Federal Court Holds “Vague” and “Conclusory” References to “Reasonable Procedures” Not Enough to Establish FDCPA’s Bona Fide Error Defense
In Gebreseralse v. Columbia Debt Recovery, LLC, the plaintiff, a tenant under a residential lease agreement, vacated the premises early due to…
Troutman Pepper | USA | 31 Aug 2023
New York Federal Court Sides with CFPB, Denies Debt Holders’ Motions to Dismiss Case Alleging Violations of the FDCPA and CFPA
On August 22, a district court judge in the Western District of New York denied the defendants’ motions to dismiss a case brought by the Consumer…
