The U.S. Court of Appeals for the Seventh Circuit recently vacated a trial court’s order denying a debt collector’s motion to compel arbitration in a putative class action lawsuit filed by a consumer alleging violations of the federal Fair Debt Collection Practices Act (FDCPA), and remanded the case to the lower court with instructions to dismiss for lack of jurisdiction.
During what was an extraordinary and difficult year, there was an abundance of activity at the state and federal levels and a good deal of it was driven by the present COVID-19 pandemic. Here is my take on some of the most significant regulatory activities from the past year in consumer debt collection that will continue to impact both consumers and creditors in the years to come.
The year 2020 in bankruptcy law started with an eye on increasing the ability of small businesses to utilize the Chapter 11 process in a more efficient and less expensive way, which lead to a record number of commercial filings, a reduction in consumer filings, and a test of the bankruptcy system.
On the heels of the EU’s General Data Protection Regulation (GDPR) going into effect in 2018, and passage of the California Consumer Privacy Act of 2018 (CCPA), 2019 proved to be a banner year for introduction of state consumer data privacy legislation.
In a year when society, families and business were forced to make immediate and radical adjustments, government offices also scrambled to proceed in a new environment. Regulators shifted resources in order to comply and respond to complaints of price-gouging while also continuing the investigations and enforcement actions already on the books.
Like many circuits in 2020, the Third Circuit did not author a large volume of opinions covering the Fair Debt Collection Practices Act (FDCPA) or the Telephone Consumer Protection Act (TCPA).
The Second Circuit was relatively quiet when it came to the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA) in 2020, but when it did issue opinions, several were quite impactful in our industry.
The U.S. Court of Appeals for the Eleventh Circuit recently affirmed entry of summary judgment in favor of a student loan servicer against claims raised by a customer for purported violations of the federal Telephone Consumer Protection Act (TCPA).
The U.S. Court of Appels for the Eleventh Circuit recently held that a consumer report that was factually accurate with clear instructions on how to further confirm the report's accuracy, was not misleading and complied with the federal Fair Credit Reporting Act’s “maximum possible accuracy” standard.
The U.S. Court of Appeals for the Ninth Circuit recently reversed an award of summary judgment in favor of a defendant debt collector against claims that it violated the federal Fair Debt Collection Practices Act (FDCPA) by attempting to collect a debt that was discharged in bankruptcy and no longer owed.
On Dec. 10, the California Office of the Attorney General issued its Fourth Set of Proposed Modifications to the California Consumer Privacy Act regulations. The changes affect only two subsections relating to the sale of personal information.
In a putative class action against a bank for alleged underpayment of overtime wages, the U.S. Court of Appeals for the Ninth Circuit recently held the use of a potentially improper pay structure was not evidence of harm in every instance, and thus the predominance requirement provided for in Fed. R. Civ. Pro. 23(b)(3) necessary to certify a class action was not met.