We are pleased to announce that Troutman Sanders’ attorneys David Anthony and Ethan Ostroff will be presenting during the RMAI Annual Conference at the Aria Resort & Casino in Las Vegas, Nevada. The RMAI Conference is the premier event for the receivables management industry. Debt buyers, originating creditors, collection agencies, law firms, brokers and affiliates gather for three days of industry education, networking and business opportunities. David will be moderating the “Data Acquisition in the…

The United States Supreme Court has agreed to consider a challenge to the constitutionality of the Telephone Consumer Protection Act (TCPA). On Friday, January 10, 2020, the Supreme Court issued orders from the justices’ conference, which included an order for oral argument in Barr v. American Association of Political Consultants – a case involving a challenge to the TCPA’s special exemptions. In April, the Fourth Circuit struck down a provision of the TCPA that exempted government-backed debts…

With the ever-changing case law surrounding the Telephone Consumer Protection Act, staying up to date with what cases are relevant and where courts stand on certain, very important definitions, can be an almost impossible task. Further, in the 28 years since the TCPA was enacted, the legislation has been considered outdated by many companies. As industry groups continue to challenge several aspects of the Federal Communications Commission’s interpretation of the TCPA, courts have also increasingly…

The U.S. District Court for the Middle District of Florida has awarded summary judgment in favor of a furnisher on a consumer’s claims brought under the Fair Debt Collection Practices Act. The dispute arose out of credit reporting on the account. The plaintiff asserted that the furnisher violated credit reporting standards by inaccurately identifying the “original creditor”; the Court rejected the theory that an inaccurate credit reporting violated the FDCPA and dismissed the claim. Plaintiff Kerry…

Today, in Rotkiske v. Klemm et al., case number 18-328, the Supreme Court of the United States confirmed the one-year time limit for filing a Fair Debt Collection Practices Act (FDCPA) suit generally begins to run when the alleged violation occurs, not when it is discovered. Citing the FDCPA’s statutory provision that claims must be filed “within one year from the date on which the violation occurs,” the Court upheld a Third Circuit opinion last year that declined…

On November 7, the United States District Court for the Western District of Tennessee addressed the issue of whether it is a violation of the Fair Credit Reporting Act for a creditor to report a charged-off account with a monthly payment due. In Ruvye Cowley v. Equifax Info. Servs., LLC, et al., the Court granted summary judgment to the creditor. In March 2016, Ruvye Cowley entered into a Retail Installment Contract/Security Agreement, under which she was…

On November 5, the United States District Court for the Middle District of Florida held that allegations that a debt collector incorrectly reported a debt through a Metro 2 Format to one or more CRAs were insufficient to state a claim under the Fair Debt Collection Practices Act. In Koehler v. Waypoint Res. Grp., LLC, plaintiff Kerry Koehler received internet and/or cable service from Bright House Networks, LLC and became delinquent on her account. Subsequently, Charter…