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Jan 28, 2025 | 
insidearm.com | Rachel Ommerman |Virginia Bell Flynn |Stefanie Jackman |Ethan G. Ostroff
The Court of Appeals for the Fourth District of Florida affirmed a trial court’s holding that claims under the Florida Consumer Collection Practices Act (FCCPA) cannot not be assigned. In KAC 2021-1, LLC v. Mary T. Matuskah Irrevocable Trust, the plaintiff was an assignee of a tenant who leased property from the defendant trust.
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Jan 28, 2025 | 
insidearm.com | Stefanie Jackman |Ethan G. Ostroff |Missy Meggison |Rachel Ommerman
In our previous post, we discussed the New York City Department of Consumer and Worker Protection’s (NYC DCWP) decision to delay the enforcement of the amended debt collection rules from December 1, 2024, to April 1, 2025. This postponement was in response to industry concerns and a legal challenge filed by ACA International, Inc. and Independent, Inc. NYC DCWP then announced it would delay the effective date for the amended rules to April 1, 2025, to align with the enforcement date.
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Dec 18, 2024 | 
jdsupra.com | Rachel Ommerman
The U.S. Court of Appeals for the Sixth Circuit recently affirmed that a debt collector did not violate the Fair Debt Collection Practices Act (FDCPA) when it threatened legal action to collect debts that were still within the applicable statute of limitations. In Williams v. Louisville Recovery Service, LLC, the plaintiff received services from a local emergency room seven times between 2011 and 2015.
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Nov 20, 2024 | 
jdsupra.com | Virginia Bell Flynn |Rachel Ommerman
Recently, a U.S. District Court in the District of New Mexico denied a defendant’s motion for summary judgment on Telephone Consumer Protection Act (TCPA) claims for telemarketing calls, finding genuine questions of fact about the defendant’s direct liability, actual authority over agents making the calls, whether the system used to make the calls is an Automatic Telephone Dialing System (ATDS), and whether there is a private right of action under 47 C.F.R. § 64.1200(d)(4).
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Nov 20, 2024 | 
jdsupra.com | Virginia Bell Flynn |Rachel Ommerman
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 members filed a class action lawsuit against the credit union for the unauthorized practice of law and under the Unfair Practices Act (UPA), but the trial court dismissed the case, finding the plaintiffs lacked standing.
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Sep 24, 2024 | 
jdsupra.com | Virginia Bell Flynn |Brooke Conkle |Rachel Ommerman
In Aley v. Lightfire Partners, LLC, a U.S. District Court in the Northern District of New York certified aa Telephone Consumer Protection Act (TCPA) class action for all persons whose telephone numbers were on the National Do Not Call Registry (DNC) but who received more than one telemarketing call from the defendant based on alleged consent given to a third-party website. The plaintiff alleged that she received multiple telemarketing calls from the defendant despite placing her number on the DNC.
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Sep 4, 2024 | 
jdsupra.com | Virginia Bell Flynn |Rachel Ommerman
A U.S. District Court in the Western District of Oklahoma recently dismissed a lawsuit under the Fair Debt Collections Practices Act (FDCPA) for lack of Article III standing, finding the plaintiff did not actually dispute the debt at issue. In Lemons v. Portfolio Recovery Associates, LLC, the plaintiff discovered a trade line reporting a defaulted credit card account with a balance of $472.00.
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Jul 30, 2024 | 
insidearm.com | Rachel Ommerman |Virginia Bell Flynn |Stefanie Jackman
A U.S. District Court in the Eastern District of Missouri recently dismissed a lawsuit under the Fair Debt Collections Practices Act (FDCPA), finding that two letters sent to the plaintiffs’ attorney did not constitute harassment or abuse under 15 U.S.C. § 1692d. In , the parties were involved in state court litigation when the defendant’s attorney sent the plaintiffs’ attorney a letter demanding payment. The plaintiffs’ attorney disputed the debt and requested verification.
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Jul 10, 2024 | 
jdsupra.com | Virginia Bell Flynn |Stefanie Jackman |Rachel Ommerman
A U.S. District Court in the Eastern District of Missouri recently dismissed a lawsuit under the Fair Debt Collections Practices Act (FDCPA), finding that two letters sent to the plaintiffs’ attorney did not constitute harassment or abuse under 15 U.S.C. § 1692d. In Ross v. Siegert, the parties were involved in state court litigation when the defendant’s attorney sent the plaintiffs’ attorney a letter demanding payment. The plaintiffs’ attorney disputed the debt and requested verification.
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Jun 14, 2024 | 
jdsupra.com | Virginia Bell Flynn |Brooke Conkle |Rachel Ommerman
A U.S. District Court for the District of Maryland recently denied summary judgment in a case under the Telephone Consumer Protection Act (TCPA), finding that the defendant failed to show it received prior express written consent for telemarketing calls. In Bradley v. Dentalplans.com, the plaintiff signed up for a dental savings plan over the phone.
