Consumer Protection & Privacy

Recent Posts

FTC Announces “Operation Collection Protection”
Posted on 11 Nov 2015 by Ballard Spahr LLP

The Federal Trade Commission (FTC) yesterday announced its new coordinated effort against unlawful debt collection practices, “Operation Collection Protection.” The FTC also announced that federal, state and local law enforcement agencies... 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

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

Ohio Attorney General Files Lawsuit Against Debt Collectors
Posted on 26 May 2015 by Troutman Sanders

by Massie P. Cooper and David N. Anthony On May 19, Ohio Attorney General Mike DeWine announced the filing of a lawsuit against the alleged operators of a fictitious debt collection enterprise that threatened and harassed consumers, many of whom were... 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

Consumer Lawsuits and Complaint Activity Increase During Early 2015
Posted on 12 May 2015 by Troutman Sanders

by Tim J. St. George , David M. Gettings and David N. Anthony Lawsuits filed by consumers under the Fair Debt Collection Practices Act, Telephone Consumer Protection Act, and Fair Credit Reporting Act all increased from February to March 2015, according... Read More

CFPB Requesting More Information Regarding Its Debt Collection Rulemaking
Posted on 12 Aug 2015 by Troutman Sanders

by Ethan G. Ostroff , David N. Anthony and Keith J. Barnett The Consumer Financial Protection Bureau sent a questionnaire with almost 60 questions to randomly selected debt collectors and service providers as part of its potential rulemaking regarding... Read More