Last week the District of Ohio, in Barton v. Credit One Financial, held that a consumer could not orally and unilaterally revoke consent under the Telephone Consumer Protection Act (TCPA) to be called once given contractually. Barton opened a credit card with Credit One via an online application through which he provided his cell
In Boger v. Trinity Heating & Air, Inc., a court in the District of Maryland permitted Boger to bring simultaneous claims under the Maryland Telephone Consumer Protection Act (MTCPA) and the federal Telephone Consumer Protection Act (TCPA), opening the door for Boger to recover attorneys’ fees and possibly damages under both statutes. The relatively
In Hill v. Accounts Receivables Servs., LLC, the Eighth Circuit recently considered whether the materiality of a misleading statement should factor into finding liability under Section 1692e of the Fair Debt Collection Practices Act (FDCPA). In Hill, a debtor brought suit against creditor Accounts Receivables Services, LLC (ARS), challenging ARS’s assignment of the
Last week, in Fuller v. Frontline Asset Strategies, Inc., the Northern District of Illinois compelled arbitration of Fair Debt Collection Practices Act (FDCPA) claims against LVNV Funding, LLC (LVNV), Resurgent Capital Services, L.P. (RCS), and Frontline Asset Strategies, LLC (Frontline), despite the absence of a bill of sale evidencing assignment of the underlying debt.
