Just a few years ago, the annual review would primarily encompass federal activity. But a shift began in 2018, and by the close of this year, it’s clear there is far more state activity impacting consumer debt collection.
Over the past year, the ebb and flow of bankruptcy filings has been an interesting one. Through 11 months, the number of bankruptcy filings have decreased from 2021, which were at their lowest levels since the 1980s.
The U.S. Court of Appeals for the Second Circuit was relatively quiet when it came to the Fair Debt Collection Practices Act, only issuing three opinions.
The U.S. Court of Appeals for the Ninth Circuit recently affirmed the trial court’s dismissal of a putative class action suit brought under the federal Telephone Consumer Protection Act because another panel of the Ninth Circuit had previously held that an autodialer must generate and dial random or sequential telephone numbers under the TCPA's plain text.
The U.S. Court of Appeals for the Ninth Circuit recently affirmed a bankruptcy court’s judgment in favor of a debtor who sought to avoid a judgment lien under California’s homestead exemption law.
The upward trend in data privacy legislation continued in 2022. According to the National Conference of State Legislatures, “[a]t least 35 states and the District of Columbia in 2022 introduced or considered almost 200 consumer privacy bills,” which is a significant increase from 160 bills in 2021.
The U.S. Court of Appeals for Eighth Circuit recently held that, when plaintiffs bring a facial challenge to a final agency action, the right of action accrues, and the limitations period begins to run upon publication of the regulation.
The Appellate Court of Illinois, First District, recently upheld a trial court’s order granting a mortgagee's motion for summary judgment, judgment of foreclosure, sale, and order confirming the foreclosure sale.
Legislation introduced in the New Jersey Assembly and Senate would prohibit “health care providers” from furnishing information concerning medical debt to credit reporting agencies.
The U.S. Court of Appeals for Ninth Circuit recently reversed a trial court’s judgment dismissing a federal Telephone Consumer Protection Act complaint brought by a group of home improvement contractors for lack of statutory standing.
The New York Court of Appeals recently reversed the rulings of both the trial court and intermediate appellate court and held that under Article 9 of the Uniform Commercial Code (UCC) a secured lender may collect the accounts receivables owed to the debtor by third parties.
The U.S. Court of Appeals for the Ninth Circuit recently rejected several challenges to an attorney's fee award in connection with a class action settlement.