Archive for August 2013

Trial Court Slams Professional Plaintiff, Awards Defendant Attorney’s Fees

Earlier this month, a Judge in the Eastern District of New York granted summary judgment to a defendant on technical e(11) violations finding that “his grievance is not merely meritless, it is frivolous.”[1]  In his decision, the Judge reiterated an observation that he had made seven years ago describing a rising tide of FDCPA complaints

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Third Circuit: TCPA Allows Consumers to Revoke Prior Express Consent

Yesterday, the Third Circuit Court of Appeals held that the Telephone Consumer Protection Act (47 U.S.C. § 227) allows a consumer to revoke her prior express consent to be called using an autodialer or prerecorded voice. In its decision, Gager v. Dell Financial Services, the Circuit Court reversed a district court’s earlier finding that once a

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Yes, the CFPB is Serious About Self-Reporting!

If your organization might have violated a consumer financial protection law, should it disclose that potential violation to the Consumer Financial Protection  Bureau? It seems that at least one CFPB insider believes that the potential violation should be self-reported. At today’s meeting of the Consumer Financial Services Committee in San Francisco, Peggy Twohig,  CFPB Assistant Director, Office of

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