The Eastern District of Texas recently denied a motion to dismiss for alleged violations of the Fair Debt Collection Practices Act (“FDCPA”), holding that a garnishment action initiated eight years after the plaintiff had obtained a default judgment was not subject to the FDCPA’s one-year statute of limitations provision because the default judgment was obtained in the wrong venue. Mario Barboza was a resident of Collin County, Texas when Pharia, LLC, successor in interest to…

In Vogel v. McCarthy, Burgess & Wolff, the United States District Court for the Northern District of Illinois (the “Court”) granted summary judgment to a debt collector on a debtor’s claim that failure to itemize debt in a collection letter was a violation of the Fair Debt Collection Practices Act (“FDCPA”). Plaintiff Erin Vogel signed a rental agreement for a rental car for two days for a total estimated cost of $592.22. Thirty-seven days later…

Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). In response, Troutman Pepper developed a dedicated COVID-19 Resource Center to guide clients through this unprecedented global health challenge. We regularly update this site with COVID-19 news and developments, recommendations from leading health organizations, and tools that businesses can use free of charge. To help you stay abreast of relevant activities, below find a breakdown of some of the…

On October 1, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued an advisory warning of the perils of facilitating ransomware payments involving malicious cyber-enabled activities. OFAC has seen an increase in ransomware attacks on various governmental entities, financial institutions, health care institutions, and educational institutions during the COVID-19 pandemic. These attacks involve “‘ransomware,’ a form of malicious software designed to block access to a computer system or data, often by…

October 26, 2020, marks the 50th anniversary of the Fair Credit Reporting Act (FCRA, 15 U.S.C. § 1681, et seq.), which along with the Fair Debt Collection Practices Act, Telephone Consumer Protection Act, Section 5 of the Federal Trade Commission Act, and the Truth in Lending Act, forms the foundation of federal consumer rights law in the United States. To celebrate this important milestone, Troutman Pepper’s Consumer Financial Services Law Monitor would like to dedicate…

In Johnson v. NPAS Sols., LLC, No. 18-12344 (11th Cir. Sep. 17, 2020), the Eleventh Circuit (the “Court”) found a series of errors in an order entered by the Southern District of Florida approving the settlement of a class action alleging violations of the Telephone Consumer Protection Act. Significantly, the Court invalidated the use of incentive awards for named plaintiffs as inconsistent with the Federal Rules. The significant aspects of the Court’s ruling are…

On October 22, 2020, the Federal Trade Commission (“FTC”) announced the launch of its new consumer fraud-reporting website at ReportFraud.ftc.gov. The website will provide a reporting platform allowing consumer to directly report instances of fraud to the FTC, as well as related consumer issues under the FTC’s purview. The FTC touted the platform’s “streamlined experience” and “user-friendly” tools to submit reports to the agency about “scams, frauds, and bad business practices.” The FTC encouraged…