News & Analysis as of

Fair Debt Collection Practices Act Class Action

Carlton Fields

NJ Court Finds No Waiver of Arbitration Rights in FDCPA Case, Grants Motion to Compel

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In Hejamadi v. Midland Funding LLC, the U.S. District Court for the District of New Jersey, on remand from the Third Circuit Court of Appeals, addressed whether the defendants waived their rights to compel arbitration of the...more

McGlinchey Stafford

Litigation Byte (June Edition)

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The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more

Orrick, Herrington & Sutcliffe LLP

District court dismisses FDCPA class action for lack of standing (UPDATE)

Recently, the U.S. District Court for the District of New Jersey granted defendant debt collectors’ motion to dismiss a FDCPA class action without prejudice. In 2016, the defendants obtained the plaintiff’s credit card debt...more

McGlinchey Stafford

NJ District Court Underscores Limits of “Safe Harbor” Protection Under Regulation F

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On May 7, 2024, the United States District Court for the District of New Jersey issued a decision holding that the use by a debt collector of the Model Form validation notice under Regulation F does not guarantee compliance...more

Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts - February 2024

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The Roundup is a monthly publication that covers the previous month’s notable class action decisions from federal appellate courts, as well as notable Supreme Court cert petitions related to class actions....more

Tucker Arensberg, P.C.

Third Circuit: Consumer Does Not Have Standing to Raise FDCPA Challenge to Debt Collection Agency’s Disclosure of Private...

In Barclift v. Keystone Credit Services, LLC, the Philadelphia-based United States Court of Appeals for the Third Circuit determined that a Consumer did not have standing to sue under Fair Debt Collection Practices Act...more

Orrick, Herrington & Sutcliffe LLP

District Court dismisses FDCPA class action for lack of standing

Recently, the U.S. District Court for the Eastern District of New York dismissed a class action lawsuit alleging that a debt collector’s (defendant) collection notice violated the FDCPA by including two different balances...more

McGlinchey Stafford

CFPB: Ignorance is No Excuse in FDCPA False, Deceptive, Misleading Violations

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On January 2, 2024, the Consumer Financial Protection Bureau (CFPB) filed an amicus brief in the case of Carrasquillo v. CICA Collection Agency, Inc. where it argued that knowledge (i.e. “scienter”) of a violation of the Fair...more

Seyfarth Shaw LLP

No Harm, No Foul? The Legacy of TransUnion Two Years Later (Part 3)

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Seyfarth Synopsis: As reported here, for the two-year anniversary of the U.S. Supreme Court’s rulings regarding Article III standing in TransUnion LLC v. Ramirez (“TransUnion”), the Workplace Class Action blog is providing a...more

Alston & Bird

Class Action & MDL Roundup 2023 Q3 - Catching the Class Action Waive(r)

Alston & Bird on

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the third quarter of 2023. In this edition, a mistake is just a mistake, “99.99%” isn’t 100% clear, and faxes aren’t always...more

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published October 2023: Banking and Financial Services

The banking and financial services industry requires counsel that runs the gamut from Uniform Commercial Code litigation and transactional work to the development of nationwide consumer credit programs and legislative...more

Orrick, Herrington & Sutcliffe LLP

District Court grants defendant’s motion to dismiss in a class action under FDCPA.

On November 27, the U.S. District Court for the District of New Jersey granted a defendant’s motion to dismiss a class action case brought under the FDCPA. The court agreed with the defendant that the plaintiffs did not...more

Orrick, Herrington & Sutcliffe LLP

District Court grants motion to approve settlement under federal and CA FDCPA

On November 16, the U.S. District Court of the Northern District of California granted the parties’ motion for preliminary approval of a proposed class action settlement and provisional class certification. The plaintiffs...more

Troutman Pepper

Judge Dismisses FDCPA Case Alleging Violations Based on Undated Model Validation Notice

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On November 20, a judge for the Southern District of New York granted a motion to dismiss a Fair Debt Collection Practices Act (FDCPA) class-action holding that a simple lack of a date on a model validation notice did not...more

Troutman Pepper

Citing Recent Precedent, Third Circuit Finds Plaintiff Lacks Standing Based on Informational Injury Doctrine in FDCPA Class Action

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On November 22, the Third Circuit Court of Appeals issued a decision finding that the plaintiff lacked Article III standing in a putative class action brought under the Fair Debt Collection Practices Act (FDCPA)....more

Troutman Pepper

For Your Information: Third Circuit Rejects Article III Standing Based on Informational Injury Doctrine in FDCPA Class Action

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On October 12, the U.S. Court of Appeals for the Third Circuit issued a decision rejecting a district court’s finding that the so-called informational injury doctrine established Article III standing for the named plaintiff...more

Troutman Pepper

New York District Court Approves Class Action in FDCPA Case Alleging Improper Debt Assignment Notification

Troutman Pepper on

On August 18, a judge in the U.S. District Court for the Western District of New York granted the plaintiff’s motion for class certification for alleged violations of the Fair Debt Collections Practices Act (FDCPA) relating...more

Ballard Spahr LLP

Seventh Circuit rules $3.95 in postage spent by plaintiff to respond to second validation notice sufficient to establish FDCPA...

Ballard Spahr LLP on

The U.S. Court of Appeals for the Seventh Circuit has ruled that a plaintiff in a putative class action had standing to assert FDCPA claims against the purchaser of her debt and the purchaser’s servicer based on the $3.95 she...more

Troutman Pepper

Ohio Federal Court Holds Mortgage Lender’s Assessment of Post-Acceleration Late Fees Was Authorized by Loan Documents

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In Schmitt v. Security National Servicing Corporation, the plaintiff filed a class action complaint alleging violations of the Fair Debt Collection Practices Act (FDCPA) and Ohio Residential Mortgage Lending Act (RMLA)...more

Troutman Pepper

Illinois State Court Finds Debt Collector’s Communication to Letter Vendor Was Not Made in Connection With the Collection of a...

Troutman Pepper on

On March 15, Judge Eve M. Reilly of the Circuit Court of Cook County, Illinois, dismissed a class action complaint based solely on the allegation that a collection letter was sent by a third-party letter vendor....more

McGlinchey Stafford

When is a Class Action Superior? - McGlinchey Commercial Law Bulletin - March 31, 2023

McGlinchey Stafford on

Substantial Compliance with Contract- American Bus. Investments, LLC v. Shaeena & Allos, LLC, 6th Dist. Lucas, 2023-Ohio-739. In this appeal, the Sixth Appellate District affirmed the trial court’s decision to grant...more

Orrick, Herrington & Sutcliffe LLP

8th Circuit reverses debt collection action for lack of standing

On February 24, the U.S. Court of Appeals for the Eighth Circuit vacated and remanded the dismissal of a class action lawsuit concerning a medical collection letter that listed amounts due but did not distinguish between the...more

Troutman Pepper

No More Confusion: New York Federal Court Finds Communications Between Attorneys Are Not Actionable Under the FDCPA

Troutman Pepper on

After lengthy discovery and litigation, a U.S. district court judge in the Western District of New York ended a class action lawsuit by holding that communications between attorneys are not actionable under the Fair Debt...more

Troutman Pepper

2022 Year in Review and Look Ahead Crossover With FCRA Focus - The Consumer Finance Podcast

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Please join Consumer Financial Services Partner Chris Willis in this inaugural crossover episode with Partner Dave Gettings of FCRA Focus in welcoming their guests and fellow Partners Cindy Hanson and David Anthony. Dave,...more

Troutman Pepper

2022 Year in Review and Look Ahead Crossover With The Consumer Finance Podcast - FCRA Focus

Troutman Pepper on

Please join Consumer Financial Services Partner Dave Gettings in this inaugural crossover episode with Partner Chris Willis of The Consumer Finance Podcast in welcoming their guests and fellow Partners Cindy Hanson and David...more

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