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A Slice With Sausage, Peppers and Prior Express Consent: The Papa John’s TCPA Class Action

Yesterday, Lawyers.com reported that Papa John’s, the national pizza chain, had reached an agreement to settle for $16.5 million a Telephone Consumer Protection Act class-action claim. If approved by the court, the settlement will put an end to an interesting lawsuit involving the TCPA’s prior express consent requirements.…

FDCPA Decision of the Day: Attorney’s Letterhead, Alone, Not a Threat to Sue

In today’s FDCPA Decision of the Day, a United States District Court for the District of New Jersey held that an attorney’s letterhead, standing alone, is not an implied threat of litigation. The Plaintiff, a New Jersey resident, claimed that the defendant, a Georgia law firm, violated section 1692e(5)…

CFPB Releases Annual FDCPA Report to Congress

The Consumer Financial Protection Bureau today released its Annual Report to Congress on the Fair Debt Collection Practices Act (“FDCPA”). The Report outlines the consumer complaints received by the Bureau and the Federal Trade Commission relating to FDCPA practices, the Bureau’s efforts in supervising persons…

FCRA Decision of the Day: Vartanian v. Portfolio Recovery Associates

Today’s  Decision of the Day is Vartanian v. Portfolio Recovery Associates, a Fair Credit Reporting Act (“FCRA”) opinion from the United States District Court for the Central District of California. The opinion examines the FCRA’s conflicting preemption provisions,  § 1681t(b)(1)(F) and § 1681h(e), in the context of a claim arising from…