On January 9, 2020, the United States Court of Appeals for the Eleventh Circuit issued its decision in Williams v. First Advantage Lns Screening Solutions, a case watched closely by the background screening industry. In Williams, the Court affirmed a $250,000 compensatory damages award and reduced a $3.3 million punitive damages award to $1 million in an individual mixed-file claim brought pursuant to 15 U.S.C. § 1681e(b) of the Fair Credit Reporting Act (FCRA). The…

Consumer Financial Services Law Monitor

Join Us on March 11th for a Strafford Webinar: Bank Overdraft Fee Litigation and Regulatory Developments: Minimizing Liability Exposure

By Alan D. Wingfield

January 17, 2020

We are pleased to announce that Troutman Sanders attorney Alan Wingfield will be presenting during a Stafford Webinar titled, “Bank Overdraft Fee Litigation and Regulatory Developments: Minimizing Liability Exposure” on March 11th, 2020 from 1:00-2:30pm. This CLE webinar will provide counsel for financial institutions with an analysis of recent litigation and regulatory trends impacting overdraft and return item fees. The panel will discuss steps that institutions can take to minimize regulatory and litigation risks. The…

Consumer Financial Services Law Monitor

Maybe Borrowers Can Escape Student Loan Debt: New York Bankruptcy Court Reinterprets the Brunner Undue Hardship Test

By Allison Melton & David M. Gettings

January 17, 2020

A New York bankruptcy court recently allowed a pro se debtor to discharge over $200,000 in student loan debt, vehemently rejecting as “punitive” more recent legal authority concerning how student loan debts may be discharged in bankruptcy. Debtor Kevin Jared Rosenberg, a New York law school graduate earning approximately $37,000 annually, filed for Chapter 7 bankruptcy, then filed an adversary proceeding seeking to have about $220,000 in student loan debt declared dischargeable under 11 U.S.C.…

Consumer Financial Services Law Monitor

Every Word Matters in Debt Collection

By Chris Holinger & David M. Gettings

January 16, 2020

Words matter, especially in debt collection communications. As a collector recently learned the hard way, debt collectors should attempt to use words precisely in order to comply with the Fair Debt Collections Practices Act. In Hackler v. Tolteca Enterprises, Inc., plaintiff Sadie Hackler rented a home in Texas. After she moved out, her landlord charged her for damages to the property, which she disputed. The landlord eventually turned the disputed debt over to a collection…

Consumer Financial Services Law Monitor

6th Circuit: Consumer Alleging Anxiety Lacked Standing to Pursue “Meaningful Attorney Involvement” Claim Under the FDCPA

By David N. Anthony, John C. Lynch, Ethan G. Ostroff, Megan Burns, Jim Trefil, Jonathan Floyd & Jed Komisin

January 14, 2020

On January 3, 2020, in Buchholz v. Meyer Njus Tanick, P.A., No. 18-2261 (6th Cir. 2020), the Sixth Circuit Court of Appeals upheld the district court’s decision dismissing a complaint alleging violations of the Fair Debt Collection Practices Act on the grounds that the plaintiff lacked Article III standing. The Court found the plaintiff’s allegation that he was anxious about being subjected to future litigation could not meet the concreteness requirement necessary to show an injury in…

Consumer Financial Services Law Monitor

Join Us on February 3-6 for the 2020 RMAI “Bringing the Industry into Focus” Annual Conference

By David N. Anthony & Ethan G. Ostroff

January 14, 2020

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…

Consumer Financial Services Law Monitor

Supreme Court Puts TCPA on Constitutional Chopping Block; Will it Swing the Axe?

By Brooke Conkle, Mandi Blackmon, David M. Gettings, David N. Anthony, Virginia Bell Flynn, Ethan G. Ostroff & Alan D. Wingfield

January 13, 2020

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…

Consumer Financial Services Law Monitor

District Court Dismisses FDCPA Claims Despite Missing Phrase in Dispute Disclosure

By Carter Nichols & John C. Lynch

January 10, 2020

The United States District Court for the Southern District of New York recently dismissed a Fair Debt Collection Practices Act suit with prejudice brought over disclosure language in a debt collection letter. The Court found that while certain disclosure language is included in the FDCPA, failure to include it does not necessarily give rise to a claim where the least sophisticated consumer would understand his or her rights. The case – Chaperon v. Sontag & …

Consumer Financial Services Law Monitor

New York Governor Proposes State Licensure of Debt Collectors

By Paul Boller & David M. Gettings

January 10, 2020

On December 19, New York Gov. Andrew Cuomo announced his intent to advance a legislative proposal to license debt collectors operating within the state. Announced as the 8th proposal of the 2020 State of the State agenda, it “would give the state new tools to regulate debt collectors – stopping unscrupulous practices and strengthening our consumer protection laws.” Along those lines, the proposal would provide the New York Department of Financial Services (“DFS”) with “more…

Consumer Financial Services Law Monitor

Web Submissions Strike Back: District Court Refuses to Enforce Arbitration Clause Where Plaintiff Claims Never Visited Website

By Brooke Conkle & David M. Gettings

January 10, 2020

In December, the United States District Court for the Northern District of Georgia refused to submit to arbitration a dispute alleging violation of the Telephone Consumer Protection Act because plaintiff Keith Hobbs provided a declaration stating that he did not visit defendant Apollo Interactive, Inc.’s website. In doing so, the Court kept alive a TCPA class action where Hobbs allegedly provided his telephone number – and may or may not have agreed to arbitrate –…

Consumer Financial Services Law Monitor

Monitoring the financial services industry to help companies navigate through regulatory compliance, enforcement, and litigation issues

Blog Authors

Eleventh Circuit Affirms $250K Compensatory Damages Award and Allows a $1 Million Punitive Damages Award in Individual Mixed-File FCRA Action

Join Us on March 11th for a Strafford Webinar: Bank Overdraft Fee Litigation and Regulatory Developments: Minimizing Liability Exposure

Maybe Borrowers Can Escape Student Loan Debt: New York Bankruptcy Court Reinterprets the Brunner Undue Hardship Test

Every Word Matters in Debt Collection

6th Circuit: Consumer Alleging Anxiety Lacked Standing to Pursue “Meaningful Attorney Involvement” Claim Under the FDCPA

Join Us on February 3-6 for the 2020 RMAI “Bringing the Industry into Focus” Annual Conference

Supreme Court Puts TCPA on Constitutional Chopping Block; Will it Swing the Axe?

District Court Dismisses FDCPA Claims Despite Missing Phrase in Dispute Disclosure

New York Governor Proposes State Licensure of Debt Collectors

Web Submissions Strike Back: District Court Refuses to Enforce Arbitration Clause Where Plaintiff Claims Never Visited Website

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