Author Archive for Andrew Williamson

4th Cir. Confirms Entity Is Not FDCPA ‘Debt Collector’ Merely Because It Purchases Defaulted Debt

The U.S. Court of Appeals for the Fourth Circuit recently held that the fact that a debt is in default at the time it is purchased by a third party does not necessarily make that third party a “debt collector” subject to the federal Fair Debt Collection Practices Act (FDCPA). Instead, the Court held that

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SCOTUS Holds Unaccepted Offer of Judgment Does Not Moot Class Actions

The Supreme Court of the United States recently held that a class action defendant cannot “pick off” the named plaintiff and thereby render the case moot by simply offering full relief by way of settlement offer or offer of judgment under Federal Rule of Civil Procedure 68. However, as the majority acknowledges, the Court also

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ND Calif. Rejects TCPA Claim, Holds ‘Human Intervention’ Precluded ATDS

The U.S. District Court for the Northern District of California recently held that a web-based platform used to send text messages was not an automatic telephone dialing system (ATDS) under the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, because it required “human intervention…in several stages of the process” for sending the text

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DC Circuit Holds Bank Has Standing to Challenge CFPB Constitutionality But Not FSOC’s

The U.S. Court of Appeals for the District of Columbia Circuit recently held that a bank has standing to challenge the constitutionality of the federal Consumer Financial Protection Bureau and the recess appointment of its director, reversing the district court and remanding. However, the Court also held that the plaintiff bank lacked standing to challenge the

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