News & Analysis as of

Class Action Debt Collection

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Orrick, Herrington & Sutcliffe LLP

Illinois appeals court rejects arbitration in FDCPA class action

On August 27, an Illinois appellate court affirmed a trial court’s denial of a motion to compel arbitration in an FDCPA class action. The case involved a 2022 collection email about a charged-off account originally opened...more

Orrick, Herrington & Sutcliffe LLP

District court grants summary judgment to mortgage servicer in payoff statement fee case

On August 22, the U.S. District Court for the Western District of Washington granted summary judgment in favor of a defendant mortgage servicer in a class action lawsuit challenging fees charged for expedited delivery of...more

Shipkevich PLLC

July 2025 Consumer Litigation Trends: TCPA Class Actions Remain Elevated as Consumer Litigation and Complaints Rise

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WebRecon’s latest July 2025 report shows that, after a temporary slowdown in June, consumer litigation and complaint activity have bounced back significantly. Telephone Consumer Protection Act (TCPA), Fair Debt Collection...more

Kilpatrick

Fourth Circuit rules law firm and debt collector waived arbitration rights by filing collection actions in state court

Kilpatrick on

A Fourth Circuit panel affirmed the denial of a motion to compel arbitration, finding that the law firm and debt collector who sought to compel arbitration of a class action had waived the right to arbitrate by previously...more

Troutman Pepper Locke

Fourth Circuit Holds Filing a Time-Barred Collections Lawsuit Waives Right to Arbitrate

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After a debt collector filed suit to collect an expired debt, the U.S. Court of Appeals for the Fourth Circuit held that the debt collector could not later compel arbitration of the debtor’s class action because arbitration...more

Shipkevich PLLC

June 2025 Consumer Litigation Trends: TCPA and Class Actions Lead the Way with a Continued Rise in YTD Statistics

Shipkevich PLLC on

WebRecon’s latest June 2025 report continues to reveal a general rise in the consumer complaint and litigation landscape based on year-to-date (YTD) figures. Since May 2025, Telephone Consumer Protection Act (TCPA) litigation...more

Balch & Bingham LLP

Balch’s Consumer Finance Compass: How Standing Can Make or Break Certification for Class Action Lawsuits in Debt Collection

Balch & Bingham LLP on

In our Consumer Finance Compass series, Balch’s Jason Tompkins offers a preview of his upcoming presentation for the Association of Credit & Collection Professionals (ACA) Convention 2025, titled “Class Action Lawsuits in...more

Balch & Bingham LLP

CFC How Standing Can Make or Break Certification - (TRANSCRIPT)

Balch & Bingham LLP on

Class actions are on the rise. Is your business ready to protect itself? Hi, I'm Jason Tompkins, a member of Balch's Consumer Finance Compliance and Defense Practice. Debt collectors are frequent targets of class actions...more

Bradley Arant Boult Cummings LLP

Florida Closes the Door on “Quiet Hour” Email Claims Under the FCCPA

Over the past few years, we’ve seen a wave of consumer lawsuits filed under Florida’s Consumer Collection Practices Act (FCCPA), many of them alleging violations of the law’s “quiet hours” provision based solely on the timing...more

Baker Donelson

Florida's Consumer Protection Statute Amended to Exclude Emails as Prohibited After-Hours Communications

Baker Donelson on

The Florida Consumer Collection Practices Act (FCCPA) – Florida's state-law version of the federal Fair Debt Collection Practices Act (FDCPA) – has long been the subject of consumer protection lawsuits, including, in recent...more

Troutman Amin LLP

TCPA INSURANCE TO THE RESCUE?: Small Debt Collector Walks Away From Class Suit For Under Policy Limits

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TCPA insurance used to be very difficult to come by but slowly carriers are starting to write policies to protect companies from TCPA liability. Most of the policies are low limit high deductible affairs– $1MM is the max that...more

Shipkevich PLLC

2025 Litigation Trends in Consumer Finance Protection: Steady Annual Growth Despite April Dip

Shipkevich PLLC on

WebRecon's April 2025 report presents an intriguing mix of data in the consumer complaints and litigation landscape. Despite a downturn in April's case filings compared to March of this year, the year-to-date (YTD) statistics...more

McGlinchey Stafford

Litigation Byte (May 2025 Edition)

McGlinchey Stafford on

Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business....more

Ballard Spahr LLP

DeSantis signs bill allowing debt collection emails between 9 p.m. and 8 a.m.

Ballard Spahr LLP on

Florida Gov. Ron DeSantis recently signed legislation making it clear that debt collection emails sent between 9 p.m. and 8 a.m. do not violate Florida law....more

Troutman Pepper Locke

April 2025 Consumer Litigation Filings: Everything Down

Troutman Pepper Locke on

According to a recent report by WebRecon, court filings under the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), the Telephone Consumer Protection Act (TCPA), and complaints filed with the...more

McGlinchey Stafford

Third Circuit Finds Class Plaintiff Lacks Standing to Sue Under the FDCPA

McGlinchey Stafford on

The Third Circuit Court of Appeals recently affirmed the district court’s decision to dismiss a putative class action against a collection company on the grounds that the plaintiff lacked standing to sue under the Fair Debt...more

Katten Muchin Rosenman LLP

Financial Services and Technology: Florida Changes Law to Make Clear that Collection-Related Emails Are Not Included in the...

On May 16, Governor Ron DeSantis signed bill CS/CS/SB 232 into law. The bill includes modifications to the Florida Consumer Collection Practices Act (FCCPA) to make clear that the prohibition on communications between “9...more

Bradley Arant Boult Cummings LLP

Fourth Circuit Ruling Provides New Guidance as to Furnishers’ Duty to Investigate Legal Disputes Under the FCRA

The Fair Credit Reporting Act (FCRA) has been a notoriously active area for litigation, especially class-action litigation, in recent years. One issue that continues to be litigated in FCRA cases involving data furnisher...more

Holland & Knight LLP

Florida Legislature Clarifies FCCPA to Allow Overnight Email Contact with Debtors

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The Florida Legislature unanimously approved Senate Bill (SB) 232 on April 29, 2025, to update and clarify the Florida Consumer Collections Practices Act (FCCPA) by removing email communications from the list of prohibited...more

Orrick, Herrington & Sutcliffe LLP

Fourth Circuit rules bankruptcy discharge does not eliminate FDCPA claims on mortgage liens

On April 4, the U.S. Court of Appeals for the Fourth Circuit issued an opinion reversing in part a lower court’s dismissal. The district court dismissed a plaintiff’s (an individual) complaint against a mortgage loan servicer...more

McGlinchey Stafford

Litigation Byte (March 2025 Edition)

McGlinchey Stafford on

Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business. ...more

McGlinchey Stafford

EDVA Grants Summary Judgment in Favor of Defendant in Putative Class Action Involving Allocation of Mortgage Payments

McGlinchey Stafford on

On February 24, 2025, the Eastern District of Virginia granted summary judgment in favor of Defendant LoanCare, LLC, on a putative class action alleging that LoanCare violated fair debt collection provisions of the West...more

Orrick, Herrington & Sutcliffe LLP

Philadelphia court receives usury claim against payday loan company

On March 11, a class action lawsuit was filed in the Philadelphia County Court of Common Pleas against a financial technology company offering cash advances up to $200 through a lending app. The lawsuit alleged the company...more

Orrick, Herrington & Sutcliffe LLP

Class action filed against mortgage servicer for processing fees

On January 6, a class action lawsuit was filed in the U.S. District Court for the Middle District of North Carolina against a mortgage servicing company. The plaintiff alleged, on behalf of herself and the entire class, the...more

Troutman Pepper Locke

New Mexico Supreme Court Finds Credit Union’s Employees Engaged in the Unlicensed Practice of Law

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The New Mexico Supreme Court recently confirmed consumer standing to pursue state law claims against a credit union after it pursued debt collection lawsuits against its members in the New Mexico magistrate courts. Several...more

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