Consumer Protection & Privacy

Recent Posts

Sixth Circuit Holds Voicemail From Debt Collector Does Not Violate FDCPA
Posted on 2 Nov 2015 by Dykema

by Samantha L. Walls On October 22, 2015, the Sixth Circuit Court of Appeals, in a 2-1 decision, clarified the types of “communication” that can violate the Fair Debt Collection Practices Act FDCPA). In Brown v. Van Ru Credit Corp. , No... Read More

CFPB Orders Another Auto Lender to Pay $3.28 Million to Settle Claims for Illegal Debt Collection Involving Service Members
Posted on 3 Nov 2015 by Troutman Sanders

by Ethan G. Ostroff , Keith J. Barnett and Alan D. Wingfield On October 28, the Consumer Financial Protection Bureau filed an administrative consent order against Security National Automotive Acceptance Company (“SNAAC”), an Ohio auto lender... Read More

FDCPA Class Certified in a Seemingly Individualized Dispute over Repayment Options Calculation
Posted on 28 Oct 2014 by Troutman Sanders

by Maryia Y. Jones and David N. Anthony In Alexander v. Coast Professional, Inc. , No. 12-cv-1461, (E.D. Pa. Sept. 5, 2014), the United States District Court for the Eastern District of Pennsylvania certified a class of Pennsylvania residents with... Read More

Illinois Federal Court Holds Statements in Legal Pleadings Can Potentially Violate FDCPA
Posted on 2 Sep 2015 by Troutman Sanders

by Jonathan Floyd and David N. Anthony On August 4, the United States District Court for the Northern District of Illinois held that legal pleadings can violate the Fair Debt Collection Practices Act. In Marquez, et al. v. Weinstein, Pinson, P.S... Read More

Judge Denies Law Firm’s Motion to Dismiss Debt Collection Lawsuit Filed by CFPB
Posted on 23 Jul 2015 by Troutman Sanders

by David N. Anthony , Alan D. Wingfield , Keith J. Barnett and Massie P. Cooper On July 14, 2015, a federal judge in Atlanta denied a law firm’s Motion to Dismiss a claim against it filed by the Consumer Financial Protection Bureau (“CFPB”... Read More

Eleventh Circuit Holds That the FDCPA Applies to Statement Made in Court Documents Directed to a Consumer’s Attorney
Posted on 23 Jul 2015 by Troutman Sanders

by Tim J. St. George , David M. Gettings and David N. Anthony On June 30, in Miljkovic v. Shafritz and Dinkin, P.A. , the United States Court of Appeals for the Eleventh Circuit held in a case of first impression that representations made by an attorney... Read More

Is the Filing of a "Stale" Proof of Claim a Violation of the FDCPA?
Posted on 17 Nov 2015 by Dykema

by Jeana R. Long Last year, the Eleventh Circuit was the first to hold that a debt collector engages in deceptive, misleading, unfair, or unconscionable conduct in violation of the Fair Debt Collection Practices Act (the "FDCPA") by filing... Read More

FDCPA Is Violated When Consumer’s Account Number Is Visible through Window of Debt Collector’s Envelope, Third Circuit Holds
Posted on 5 Sep 2014 by Ballard Spahr LLP

In a precedential opinion rendered last week, the U.S. Court of Appeals for the Third Circuit held that the disclosure of a consumer’s account number through the transparent window of a debt collector’s envelope violates Section 1692f(8) of... Read More