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Posts tagged as “Sixth Circuit”

6th Cir. Holds Mere Confusion Does Not Impart Article III Standing, Reverses FDCPA Ruling in Favor of Defendant

The U.S. Court of Appeals for the Sixth Circuit recently reversed a trial court order granting summary judgment in favor of the defendant on a consumer’s claim that the defendant violated the federal Fair Debt Collection Practices Act.

6th Cir. Agrees No Article III Standing in FACTA ‘Truncation’ Putative Class Action

The U.S. Court of Appeals for the Sixth Circuit recently affirmed dismissal of a consumer’s claims that a retail food store violated the federal Fair and Accurate Credit Transactions Act of 2003’s “truncation requirement” by printing more digits of the consumer’s credit card than permissible by statute.

6th Circuit Rejects ‘Benign Language’ Exception in FDCPA Envelope Disclosure Claim

The U.S. Court of Appeals for the Sixth Circuit recently held that the plain language of 15 U.S.C. 1692f(8), a provision of the Fair Debt Collection Practices Act (FDCPA) regulating what may be shown on an envelope when a debt collector communicates with a consumer by mail, does not include a “benign language” exception.

6th Cir. Holds Lender Violated TILA’s ‘Ability to Repay’ Income Verification Rule

In an unpublished opinion, the U.S. Court of Appeals for the Sixth Circuit recently held that a mortgage lender’s reliance upon the borrower’s representations concerning the amount of his future spousal support and rental income without proper verifiable documentation were insufficient to satisfy the “ability to repay” income verification requirements arising under the federal Truth in Lending Act and its implementing regulation (“Regulation Z”).

6th Cir. Adopts Expansive Reading of TCPA’s Definition of ATDS, Joining 2nd and 9th Cirs.

The U.S. Court of Appeals for the Sixth Circuit recently affirmed entry of summary judgment in favor of plaintiffs alleging violations of the federal Telephone Consumer Protection Act for calls placed by their student loan servicer to their cell phones using an alleged automatic telephone dialing system (ATDS) after they revoked consent to receive such calls.