For many of the claims asserted under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692-1692p (the “FDCPA”), courts are required to apply the “least sophisticated consumer” standard in evaluating the claim, an...more
The Supreme Court’s ruling in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (U.S. May 16, 2016), continues to have a substantial impact on federal courts, especially with respect to alleged statutory violations of the Fair Debt...more
In a much-anticipated decision, the United States Supreme Court ruled on Monday in Spokeo, Inc. v. Robins, No. 13-1339, 2016 WL 2842447 (May 16, 2016), that a consumer cannot bring a lawsuit in federal court based only on a...more
5/18/2016
/ Article III ,
Class Action ,
Consumer Reporting Agencies ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Injury-in-Fact ,
SCOTUS ,
Spokeo v Robins ,
Standing ,
Statutory Damages ,
TCPA
As lawsuits asserting claims under the Telephone Consumer Protection Act, 47 U.S.C. § 227 (the “TCPA”), continue to rise in the wake of the consumer-friendly Declaratory Ruling and Order issued by the Federal Communications...more
4/6/2016
/ ATDS ,
Auto-Dialed Calls ,
Cell Phones ,
Corporate Liability ,
Debt Collection ,
FCC ,
FCCPA ,
FDCPA ,
Robocalling ,
Summary Judgment ,
TCPA ,
Verizon
Following the Supreme Court’s ruling in Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA, 559 U.S. 573 (2010), it is clear that the bona fide error defense set forth in section 1692k(c) of the Fair Debt Collection...more
8/19/2015
/ Banking Sector ,
Banks ,
Consumer Lenders ,
Credit Cards ,
Debt Collection ,
Debt Collectors ,
FDCPA ,
Financial Institutions ,
Midland Funding ,
SCOTUS ,
Statute of Limitations ,
Summary Judgment