The Eleventh Circuit Court of Appeals recently held in Hunstein v. Preferred Collection & Mgmt. Servs., 994 F.3d 1341 (11th Cir. 2021), that a defendant debt collector violated the Fair Debt Collection Act (FDCPA) by communicating information about an underlying debt to vendors or third ...
On June 29, 2020, the Supreme Court of the United States issued its holding in Seila Law LLC v. Consumer Financial Protection Bureau.
Following the financial crisis in 2008, Congress created the Consumer Financial Protection Bureau (“CFPB”) as part of the Dodd-Frank Act. At the time, it ...
On April 7, 2020, the Second Circuit issued its ruling in Duran v. La Boom Disco, Inc., a matter addressing what constitutes an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA). This ruling was the third Circuit Court holding in 2020 to address this ...
On December 10, 2019, the United States Supreme Court issued its ruling in Rotkiske v. Klemm, an appeal from the Third Circuit concerning the statute of limitations for claims under the Fair Debt Collection Practices Act (FDCPA). The Supreme Court reviewed and affirmed the Third Circuit’s ...
On July 11, 2019, the New Jersey Appellate Division, in a split decision, found that the trial court improperly denied class certification for a consumer’s claims arising under the New Jersey Truth in Consumer Contract and Warranty Notice Act (TCCWNA) and the Consumer Fraud Act (CFA). In ...
On February 25, 2019, the Supreme Court of the United States granted certiorari in Rotkiske v. Klemm, Case No. 16-1668. The plaintiff there, Kevin Rotkiske, filed suit in June 2015, arguing that the defendant debt collectors violated the Fair Debt Collection Practices Act (FDCPA) in ...
On May 15, 2018, the Third Circuit Court of Appeals issued its decision in Rotkiske v. Klem, Case No. 16-1668, concerning the statute of limitations under the Fair Debt Collection Practices Act (FDCPA). There, the court, following en banc review, found that the FDCPA’s one year statute of ...
In a long-awaited decision following en banc review, the Circuit Court of Appeals for the District of Columbia has ruled that the Consumer Financial Protection Bureau (CFPB) is constitutional, but that it improperly imposed a $109 million penalty on defendant PHH Corporation. In PHH v ...
On January 2, 2018, the Third Circuit Court of Appeals issued its opinion in Panico v. Portfolio Recovery Associates, LLC. The court found that Delaware’s three-year statute of limitations for debt collection suits was not tolled in a collection suit filed in New Jersey against a New Jersey ...
UPDATE to the original post below:
On November 28, 2017, U.S. District Judge Timothy Kelly denied Ms. English’s request for a temporary restraining order preventing President Trump from appointing Mr. Mulvaney as acting director of the CFPB. While the Court did not dismiss Ms ...