Tag Archives: Loss Mitigation/Debt Collection Issues

Settlement Offer Does Not Moot Class Action

In a 6-3 decision issued today, the Supreme Court ruled that defendants cannot rely on a strategic offer of judgment to the named plaintiff to moot the claims of the putative class. After an unfavorable Ninth Circuit decision, U.S. Navy contractor Campbell-Ewald asked the high court to consider, inter alia, whether defendants can strategically offer … Continue Reading

Class Counsel Lowers Fee Request in Chase TCPA Settlement

On August 17, 2015, following objections from several class members, counsel representing a class of customers in a suit alleging Chase Bank USA illegally called customer’s cellphones without their consent cut their request for fees in a proposed $34 million settlement by $1.5 million. The attorneys said the $9.5 million, down from the original request … Continue Reading

2nd Circuit Holds “Informational” Letter Sent in Attempts to Comply with REPSA was an Attempt to Collect Debt that Could Violate FDCPA

On August 12, 2015, the Second Circuit revived a putative class action alleging FCI Lender Services Inc. sent notices to mortgage borrowers appearing to initiate debt collections that did not comply with the Fair Debt Collections Practices Act. FCI took over servicing of plaintiff’s and other mortgages from GMAC Mortgage LLC in 2012. Soon after, … Continue Reading

7th Circuit Says Hospital Not Covered By FCRA

On August 10, 2015, the Seventh Circuit upheld a lower court’s dismissal of a proposed class action accusing Advocate Health and Hospitals Corp., of violating the Fair Credit Reporting Act by failing to safe keep health data stolen from its offices, saying the hospital isn’t a consumer reporting agency. The FCRA defines a credit reporting … Continue Reading

11th Circuit Says Statute of Limitations not Tolled by Earlier TCPA Suit

On August 3, 2015, the Eleventh Circuit ruled that a class action accusing Bob Wines Nursery Inc., of sending unsolicited faxes didn’t suspend the statute of limitations for a later-filed action, rejecting Plaintiff’s argument that because the first action never ruled on the class certification, the limitations was tolled. In January 2010, Plaintiff Aero filed … Continue Reading

FCC Issues Omnibus Ruling on Host of Issues Affecting TCPA Litigation and Compliance

On July 10, 2015, the Federal Communications Commission (FCC) finally released its long awaited TCPA Omnibus Declaratory Ruling and Order, which resolved 21 petitions involving a wide variety of issues regarding the enforcement and interpretation of the Telephone Consumer Protection Act (TCPA). The FCC had voted in favor of the Ruling June 18 at an … Continue Reading
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